Family law is a legal practice area that deals with matters regarding family relationships, such as marriage, divorce, adoption, and child custody. Some family law practitioners focus on adoption, emancipation, paternity, and other issues that aren’t usually associated with divorce.
Types of Family Law
- Domestic Violence and Protective Orders
- Termination of Adoptions and Paternal Rights
- Name changes
- Child Custody and Paternity
- Guardianship
- Marriage Dissolution
- Estate Planning
- Juvenile Matters
Jurisdiction and Family Court Procedure
It is necessary to understand the jurisdiction and procedure of Family Courts in India before filing a case with them. The phrase jurisdiction refers to the extent of a court of justice’s ability to take legal action and deliver judgement. The district court, for example, does not have jurisdiction over writ petitions. On the other hand, the procedure specifies how the courtroom proceedings will be conducted.
Jurisdiction of Family Court
Separation, divorce, custody, alimony and maintenance, education, guardianship, and financial assistance for children, among other things, were all declared to fall under the jurisdiction of the family court. The following is a list of family-related issues that can be addressed in a family court:
- For a declaration of the marital status of a person
- For maintenance
- For nullity of marriage, judicial separation, restitution of conjugal rights, and divorce.
- For the property of the spouses
- Guardianship or custody of minor
- For a declaration as of the legitimacy of a person
In other words, if any of the conditions mentioned above arise, the parties must file an appeal in family court. Furthermore, whether or not para-family concerns should be brought under the family court’s jurisdiction is still up for debate. Dowry, violence on either spouse, domestic assaults, inter-familial contracts, and other criminal proceedings are among the para-family matters. It is argued that the issue mentioned above must come under the family court jurisdiction.
Family Court Procedure
As previously stated, the family court concept is to shift from the typical adversarial system to an inquisitorial one, in which judges play an active role in the parties’ reconciliation. The Family Court Act, Section 10, outlines the procedures to be followed in family court. It provides the method mentioned in the Code of Civil Procedure, 1908, implements to family court procedures. It is vital to remember that the Family Court is a part of the civil court system. In addition, section 10 (3) empowers the family court to establish its own methods for reaching a settlement between the parties. If own rules are formed by the family court, then it will supersede the procedure rules laid down in the Civil Procedure Code of 1908 and the Code of Criminal Procedure of 1973.
The family court’s proceedings might be held in camera, i.e., in private. However, according to section 11 of the Family Courts Act, a party can request that the proceeding be held in camera, and the court is required to honor such request. Confidentiality, on the other hand, should not be mistaken with the secrecy of proceedings.
Finally, family courts were created to replace the intimidating and time-consuming nature of traditional courts. It was thought that rather than being punitive, judgment in family problems needed to be preserved in nature. The goal is for the two parties to work out their differences and tensions with the support of experienced counsels. Social workers, lawyers, welfare officials, and other experts work together to achieve the goal of the family courts.