Q1: Matriarchal Family System.
Q2: Who is a Mohammedan
Q3: Sources of Mohammedan Law
Q6: Institution of Conjugal Rights
Q7: Right of Wife for maintenance and separate residence
Q8: Partition of dwelling house
Q10: Patriarchal family
Q18: Child Marriage
Q21: Christian Law
Q23: Divorce by mutual consent
Q25: Guardian ship
Q29: Family Courts
It is accepted by most, that the litigation in respect of any matter concerning family such as divorce, maintenance, custody of children and trial of juvenile offenders should not be viewed in terms of failure or success of legal action, but as social therapeutic problem. Thus, the concept of Family Court implies an integrated broad-based service to families in trouble. It stipulates that the family court structure should be such as is meant to preserve the family, and to help stabilize the marriage. Such a system visualizes the assistance of the specialized persons and agencies such as social workers, welfare officers, counselors.
Establishment of Family Courts:
The Family Courts are setup for speedy trial and disposal of matrimonial disputes between the husband and wife. In view of the increase in the incidents of matrimonial disputes and increasing pendency of the case in both the civil and criminal courts, women’s organizations requested the central government to pass a legislation to deal exclusively with matrimonial matters. Moreover, the Law Commission of India (LCI), vide its reports 54 and 55 (1974), recommended the central government to pass a special enactment for the establishment of Family Courts to deal with family matters. As a result, the Family Courts Act was passed in 1984, for the establishment of Family Courts in India.
The Family Courts Act, 1984:
The Family Courts Act, 1984 has 23 sections. The States and High Courts concerned are empowered to establish Family Courts in the States for those towns and cities whose population exceeds 10 lakhs and also to frame necessary Rules under the Act. The State of AP framed the AP Family Courts (High Court) Rules, 1995. The Objective of Family Courts is to promote conciliation and speedy settlement of disputes relating to marriage and family affairs.
Key Sections of the Family Courts Act, 1984:
Section 4 talks about the Appointment of Judges to Family Court, the necessary qualifications skills required of Judges.
1. Minimum 7 years’ experience as Judicial officer/member of a Tribunal
2. Minimum 7 years’ standing as an Advocate of a High Court
3. Any post under Union or State Government with Special Knowledge
4. Expert in Conciliation, Protect and Preserve the value of institution of marriage
• Age of retirement is 62 years
• A woman Judge is Preferred
Section 7 details about Jurisdiction of Family Courts. The Family Court can exercise its jurisdiction in below cases
A) A suit or proceeding as to the validity of marriage or the matrimonial station of any person
B) A suit or proceeding with respect of the property of the parties
C) A suit or proceeding between a couple for nullity of marriage, restitution of conjugal rights, Judicial separation and Divorce
D) A suit or proceeding for Custody, Guardianship, access to minor children
E) A suit or proceeding for Maintenance of wives, children and old parents
F) A suit or proceeding for injunction order
Section 11 mandates proceedings to be held in camera, on the request of either party.
Section 13 mandates no legal party will be represented by an advocate; if required, court can appoint an Amicus Curie for the case.
Section 17 refers to the modalities of the Judgment by a Family Court.
Section 19 provide the right of appeal to High Court on the decrees passed by the Family Court within 30 days from the date of Judgment.
In M.P.Gangadharan Vs State of Kerala [2006 SC 2360], the Supreme Court held that Family Courts should be established by State which should be alive to the situation that it has a duty to provide all infrastructure to the forum to dispute resolution.
In Dr.Rohit Dandekar Vs Dr.Raj Kavitha [(2004) 1 DMC 216 (Kant.) (DB)], it was held that the welfare of the child is of paramount consideration while deciding application for custody of minor child via a procedure that is in accordance with principles of natural justice.
In R. Durga Prasad vs Union of India and Anr [1998 (2) ALD 25], hon’ble High Court of AP held (2) that the main provision of Section 13 of Family Courts Act, 1984 permits the parties to engage legal practitioners, but beyond the stage of impossibility of reconciliation exercised under Section 9 of the Act.
Q32: Muslim law
Q33: Uniform civil code
Q34: Judicial separation