Family Courts

The immediate reason for setting up of family courts was the mounting pressures from several women's associations, welfare organisations and individuals for establishment of special courts with a view to providing a forum for speedy settlement of family-related disputes. Emphasis was laid on a non-adversarial method of resolving family disputes and promoting conciliation and securing speedy settlement of disputes relating to marriage and family affairs.
In 1975, the Committee on the Status of Women recommended that all matters concerning the ‘family' should be dealt with separately. The Law Commission in its 59th report (1974) had also stressed that in dealing with disputes concerning the family, the court ought to adopt and approach radical steps distinguished from the existing ordinary civil proceedings and that these courts should make reasonable efforts at settlement before the commencement of the trial. Gender-sensitized personnel including judges, social workers and other trained staff should hear and resolve all the family-related issues through elimination of rigid rules of procedure. The Code of Civil Procedure was amended to provide for a special procedure to be adopted in suits or proceedings relating to matters concerning the family. However the courts continue to deal with family disputes in the same manner as other civil matters and the same adversary approach prevails. Hence a great need was felt, in the public interest, to establish family courts for speedy settlement of family disputes.
The Family Courts Act which was passed in 1984 was part of the trend of legal reforms concerning women. The President gave his assent to the Family Courts Act on September 14, 1984. The Act provides for a commencement provision which enables the Central Government to bring the Act into force in a State by
a notification in the Official Gazette, and different dates may be appointed for different States. This Act has 6 chapters under various heads such as Preliminary, Family Courts, Jurisdiction, Procedure, Appeals and Revisions and Miscellaneous.

The Family Courts Act, 1984 provides for establishment of Family Courts by the State Governments in consultation with the High Courts with a view to promote conciliation and secure speedy settlement of disputes relating to marriage and family affairs and for matters connected therewith. Under Section 3(1)(a) of
the Family Courts Act, it is mandatory for the State Governments to set up a Family Court for every area in the State comprising a city or a town whose population exceeds one million. In other areas of the States, the Family Courts may be set up if the State Governments deems it necessary. Following are the matters which can be filed in the Family Courts-
1. Decree for nullity of marriage
2. Restitution of Conjugal rights
3. Judicial Separation
4. Divorce
5. Declaration of marital status of any person
6. Matrimonial property matters
7. Claim of maintenance
8. Guardianship
9. Custody of children
10. Access of children
11. Application for injunction in matrimonial matters.

A scheme of Central financial assistance was started in 2002-03 for setting of Family Courts. As per the scheme Rs. 10 lakhs per court are provided by the Department of Justice for setting up of Family Courts with equal matching share from States. Under Non-Plan, funds to the tune of Rs. 5 lakh per court are provided for running expenditure of the Family Court. .

The Parliamentary Committee on Empowerment of Women has recommended that Family Courts may be set up in each district. All the State Governments/UT Administrations have been requested to set up Family Courts in each district.

 As per latest available information, 190 Family Courts have been set up in the country and a statement showing Number of Family Courts functioning in the States is enclosed.

NO. OF FAMILY COURTS ESTABLISHED IN THE COUNTRY
S.No. Name of the State Total number of Family Courts
1. Andhra Pradesh - 8
2. Assam - 5
3. Bihar- 31
4. Chhattisgarh - 11
5. Delhi - 15
6. Gujarat - 7
7. Jammu & Kashmir - 1
8. Jharkhand - 6
9. Karnataka - 12
10. Kerala - 16
11. Madhya Pradesh - 7
12. Maharashtra - 18
13. Manipur - 2
14. Nagaland - 2
15. Orissa - 2
16. Pondicherry - 1
17. Punjab - 2
18. Rajasthan - 6
19. Sikkim - 1
20. Tamil Nadu - 6
21. Tripura - 3
22. Uttar Pradesh - 14
23. Uttaranchal - 7
24. West Bengal -7
Total - 190