The Family Courts Act, 1984
 

The Family Courts Act is an act about the Family court. It is the act that established family courts in various states in India. Thus, if one may have a family problem one can approach this court. Now one may think family matters include matters like two brothers fighting over their deceased father’s property or where the will is not specific of the division of the deceased’s property etc such matters will not be taken up in the family court. The family court will take up matters only that are enlisted in the act which arises out of matrimonial relationship like;

1. Divorce

2. Judicial Separation

3. Restitution of Conjugal Rights

4. Maintenance

5. Custody of Children

6. Access to Children

7. Decree of Nullity of Marriage

8. Declaration of Marital Status of any person

9. Application for Injunction (preventive relief) in Matrimonial matters

10. Matrimonial property matters

From the above one can easily come to know that the Family court takes up matters related to Marriages. Thus it will hear property matters but only if it is related to a married couple upon their separation or even if they are together and wish that there be no argument upon who owns what and how much.

Marriage is the root of any civilized society and is an important institution. If there be problems in this institution it ought to be solved efficiently and immediately causing as fewer problems to the common man as possible. Thus apart from the civil courts that are established in the many districts and states in India this Family court was established to hear cases pertaining to marriage and related problems.

Due to the Family court now being established whoever has a matter relating to marriage and is gone beyond repair can approach the court and can be rest assured of an appropriate settlement. Before the establishment of this court the aggrieved party had to approach the Trial court and if not satisfied of the judgment then the District court and if yet not convinced with the decision then the High court. Now because of this act the Judge is given the status of the Judge of a District court. A citizen will not have to go to any smaller court for his matter but straight to the Family court established in his area of residence and then if not satisfied with the decision go to the High court.

The other characteristics of the act is that since it does not take up any other matter like the civil court takes up matters like tax, property etc. it is easier for the judges to give speedy settlement of disputes and promote conciliation which is the basic aim of the act.

Now if one takes up the matter of divorce to the court one has to ask the court’s permission for legal aid and upon the grant, appoint a lawyer. The lawyer proceeds with the case in accordance to the Civil Procedure Code, 1908. The advantage of this court is that a wife or husband can file a criminal petition against the in laws or wife/husband in a single court unlike before where the aggrieved had to go to a criminal court for criminal matters and civil for civil. During the proceedings if there be an evidence of any person where the evidence is of a formal character it may be given in an affidavit and read in the evidence in the court. The decision of the Family court is equivalent to that of the civil court. If the Family court feels the requirement of the services of a doctor it is open to utilize it. Also upon the wish of the parties the proceedings can be held in camera. The court upon its discretion apart from the procedure given in the act can lay down its own procedure for the speedy settlement of dispute.

In Mumbai there are 7 courts that are situated in a multi storey building in Bandra. By the act every court shall have a judge or judges. If there be more that one judge then there shall be a Principal Judge and under him various judges. At present the principal judge in the Bandra Family Court is

Mr. R. R. Vachha J.

The other judges are,

Smt. V. J. Lohiya J.

Smt. S. D. Tulankar J.

Mrs. Dhote J.

Mrs. Iyer J.

Smt. V. V. Virkar, (Bar) J.

Mr. Kolthe J.

1^st Floor of the Family Court at Bandra houses, Courtrooms as well as two counselor’s chambers, legal aid center and judicial department which includes registrar’s and sub registrar chambers

2^nd Floor has Courtrooms as well as two counselor’s chambers and cash department.

3^rd Floor has Courtroom as well as two counselor’s chambers and children’s complex.

4^th Floor has Courtrooms as well as two counselor’s chambers and certified copy department.

5^th Floor has Courtrooms as well as two counselor’s chambers and advocates bar room.

6^th Floor has Courtrooms as well as two counselor’s chambers, administrative department, psychiatrist department, seher special counseling center and

7^th Floor has Courtrooms as well as two counselor’s chambers.

If the Central Government wishes to bring any changes in the Act it can be done only with the consultation to the Chief Justice of India, the State Government and High Court. Thus the act is not subject to the whims of the Government.

For Query

Add :-           Karim Chamber, 3rd Florr, Hamam Street,
                      Fort, Mumbai - 400 023.

Email:-         sudhir.shah@airtelmail.in , sudhir.shah@vsnl.com ,
                      sudhirshah1940@yahoo.com

Tel. :              2265 4658 / 2265 4083