Tuesday, May 30, 2023

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The Family Courts are established by the State Governments in consultation with the High Court with a view to promote conciliation and secure speedy settlement of disputes relating to marriage and family affairs.

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 of the State comprising a city or a town whose population exceeds one million. The State Governments may also establish the Family Courts in other areas of the States, as it may deem necessary. Family courts are located in most of the districts in India. As per the reports received by the Government, 212 Family Courts are functional across the country.

A family court shall be deemed to be a civil Court to decide matters and make orders in relation to family law. The matters which are dealt in the Family Court in India are matrimonial relief which includes nullity of marriage, judicial separation, divorce, restitution of conjugal rights, declaration as to the validity of marriage and matrimonial status of the person, property of the spouses or any of them and declaration as to the legitimacy of any person, guardianship of a person or custody of any minor, maintenance including the proceeding under the Cr. P.C.

An appeal from every judgment or order passed by the Family Court lies to the High Court. However no appeal lies against a decree or order passed by the Family Court with the consent of the parties under proceedings relating to maintenance of wives, children and parents under the Code of Criminal Procedure. An appeal to the High Court from every judgment or order not being an interlocutory order (usually refers to court orders which are temporary) passed by the Family Court has to be filed within 30 days.