The Family Courts Act, 1984, enacted by the Indian Parliament, provides a specialized forum for resolving family disputes under one jurisdiction. The Act was implemented on different dates by various states. In M.P. Gangadharan v. State of Kerala (2006), the Supreme Court emphasized the state’s duty to provide adequate infrastructure for family courts.
Concept of Family Courts
Family courts address disputes related to marriage, divorce, maintenance, custody, and other familial issues. Their role is more inquisitorial than adversarial, aiming to preserve family harmony and secure the future of children. These courts offer integrated, family-centered services to resolve conflicts constructively.
Status of Family Courts
Family courts are established under the Family Courts Act, 1984, by state governments in consultation with the High Court. Key points include:
- Established in areas with a population exceeding one million.
- May consist of one or more judges, with one designated as Principal Judge.
- Retirement age aligns with High Court judges (62 years).
- Positioned above District Courts but below High Courts, with appeals directed to the High Court.
Jurisdiction of Family Courts
The jurisdiction includes matters under various statutes like the Hindu Marriage Act, 1955, and CrPC, 1973. These include:
- Matrimonial disputes.
- Validity of marriage and spousal status.
- Property disputes between spouses.
- Guardianship and custody of minors.
- Maintenance claims for spouses, children, and parents.
Notably, K.A. Abdul Jaleel v. Sahida (2003) held that “parties to the marriage” include divorced spouses, enabling claims for property acquired during the marriage.
