THE WORKING OF FAMILY COURTS IN INDIA: A STUDY

Abstract

The family courts in India serve as specialised judicial bodies established to address legal matters pertaining to familial and matrimonial disputes. Rooted in the principle of providing efficient and expeditious resolution to family-related conflicts, these courts play a crucial role in upholding justice and preserving the sanctity of familial relationships within the Indian legal framework. The inception of family courts in India traces back to the enactment of the Family Courts Act of 1984, which aimed to provide a comprehensive mechanism for resolving disputes related to marriage, divorce, guardianship, custody, maintenance, and other allied matters. These courts operate with a distinct focus on promoting conciliation and reconciliation, thereby emphasising the preservation of family unity and the betterment of all parties involved, especially children. The functioning of family courts is guided by principles of fairness, impartiality, and sensitivity to the unique dynamics of familial relationships. They adopt a holistic approach to dispute resolution, considering not only legal aspects but also social and psychological factors influencing the parties' lives. Through mediation, counseling, and judicial intervention, family courts strive to facilitate amicable settlements while ensuring equitable outcomes for all parties. The jurisdiction of family courts extends across the entire spectrum of family-related disputes, encompassing diverse cultural, religious, and socio-economic contexts prevalent in Indian society. In an era marked by evolving societal norms and legislative reforms, it is imperative to assess the responsiveness of these courts to emerging challenges and changing needs. Therefore, this research paper endeavors to contribute to the discourse on understanding the structure of family courts in India, challenges and reforms needed in family courts, advocating for measures that promote inclusivity, fairness, and efficiency within the legal system.

KEYWORDS: Challenges; Dispute resolution; Family courts; Jurisdiction.