Types of Cases Filed in Family Court

As the name suggests, a family court is designed to look into legal problems arising out of family relations. It is a combination of various types of courts dealing with family problems like the children’s court and orphan’s court. Family courts are quite moderate as compared to civil and criminal courts as they screen potential cases to dispose of all those matters that do not require judicial attention. 

Earlier, family dispute cases were tried by the civil courts but it led to overburdening of the civil court, resulting in slow justice and trials. A law commission was constituted to report the introduction of an act that would govern family disputes specifically. This paved the path for the introduction of the Family Courts Act, 1984 (“Act”) in India. 

What is the Purpose of a Family Court?

Family courts are the special courts that are established under the Act to promote conciliation and speedy settlement of family disputes relating to marriage & family matters and the matters connected therewith. Often, we wonder what types of cases are filed in a family court, the answer for which is, all the cases involving disputes concerning guardianship, paternity/maternity support, child negligence, juvenile delinquency, and family offenses. Usually, cases related to divorce or marriage annulment, child custody, and alimony issues are initiated in a civil court, but depending upon the gravity of the cases, they are further transferred to family courts if required. 

Processes and procedures adopted by the family courts are easy and moderate, thus resulting in speedy disposal of cases. In this article, we will learn about the types of cases in family court and the procedure to be followed while filing a case in family court.   

Types of Cases in Family Court

Following are the types of cases we usually approach the family court for:

1. Dissolution of Marriage - 

When husband and wife are stuck in an unhappy marriage and are looking for a divorce or separation to dissolve their marriage, they approach the family court for the proceedings. This includes separation in which the marriage is not officially dissolved but the parties start living separately and receive property, alimony, and child custody orders from the court. 

Also Read: Divorce Alimony in India

2. Protection against Domestic Violence - 

Women who are the victims of domestic violence can file complaints or suits against the accused in a family court and the court will pass an order for their protection.   

3. Child's Custody - 

All the cases for child's custody are filed in the family court including the declaration of the child's father in case a child is born outside of wedlock. 

4. Change in Name -

Any individual who wishes to change or alter his or her name should approach a family court for the procedure. 

5. Adoption and Termination of Parental Rights -

Any parent who wishes to terminate their parental rights due to substantial reasons can file an application for the same in a family court. Likewise, if any parents wish to adopt a child and become their official parents, they need to file an application at the family court. 

6. Guardianship -

To declare a person as a legal guardian of a minor, an order from the family court is necessary to be obtained. 

7. Juvenile Cases -

All the cases involving crimes committed by a 16-year-old male and below 18 years of age of female are tried in the family court. The Juvenile Division of the District Attorney handles most of the juvenile cases and they are kept separately from the common prisons. 

You may be interested in: CHILD CUSTODY LAW IN INDIA 

Procedures followed by the Family Courts 

As per Section 10 of the Family Court Act, 1984 the procedure to be followed in a family court is similar to the procedure followed in the Code of Civil Procedure, 1908. It follows the civil court system, however, they have their own established rules and methods to settle among families. In case of contradiction between the family and civil law, the family law shall always prevail. The standard as followed by the family courts are: - 

• The same procedure and any other applicable laws apply to the proceedings of the family court;
• As per the facts and conditions of the various cases, the approach of the family court settles. 
• If both the parties of the case and the family court agree, the proceedings can be held in a camera. 
• If the need arises, amicus curiae are appointed if required.

 Conclusion

Earlier, when family disputes were heard by the civil courts, the whole process was very lengthy and slow. To give effective judgments and trials, the Family Court Act was established. The objective was to remove the burden from the civil courts concerning family matters. However, there are several lacunas in the family law and proper measures are needed to ensure effective and efficient disposal of family disputes.    

FAQs

1. What issues are resolved by the family courts?

Family courts resolve family disputes like divorce, separation, child custody, guardianship, change of name and adoption, etc. 

2. Can Family Courts try criminal cases?

No, family courts cannot try any suits or proceedings related to any criminal cases as they do not have jurisdiction to try such cases. Criminal cases are governed as per the Criminal Procedure Code, 1973, and family courts follow the rules given in the Code of Civil Procedure, 1908.

3. How many sections are there in family law?

Family Court Act, 1984 is a small and precise act and has 23 sections in it. 

4. Why do we need Family Courts?

Family courts are the special courts made to remove the burden from the civil courts and to promote the welfare of the families in India by resolving the issues amicably. 

5. How many family courts are there in India?

Currently, there are 713 family courts established in India.