Family Court

It is not unknown that a gaping loophole in the Indian Judiciary is the backlog of cases. The number of cases being filed in The Supreme Court is consistently on the rise. There are cases dealing with a broad spectrum of issues such as family matters and property which continue for generations. Such cases continue for atrocious periods of time, ranging from 7 years to 30 years. In such a scenario, the channeling of cases to different courts set up specially for this purpose not only ensures their speedy disposal, but also ensures that the cases, being dealt by with experts in courts specially set up for this purpose; are dealt with more effectively. The saying that “Justice delayed is justice denied” then becomes relevant to take into consideration.

Further, pertinent to note here is that Marriage as an institution has become the subject of great judicial scrutiny. There are a number of judicial provisions dealing with marriage and its various aspects. The result is that, in addition to the various advantages that these legal provisions may provide; the privacy of this institution has been threatened. As per studies conducted in Mumbai and Delhi, 40 % of marriages are heading towards divorce. There are also cases of misuse of provisions like Section 498A of the Indian Penal Code, Protection of Women from Domestic Violence Act, Section 125 Criminal Procedure Code, Child Custody laws to name a few.

There are issues like alimony which become the topic of great controversy and cause harassment to families. What further becomes a problem is that personal issues get intertwined with the legal issues and lead to the unnecessary prolonging of the disposal of these cases. The younger generation, being made a scapegoat in the changing times due to the ensuing cultural war between Conservatives and Liberals, wastes its useful youth in the precincts of the litigating corridors of the Family Courts, criminal courts and magistrate courts waiting in long queues being expectant of receiving justice.

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 family affairs and fir matters connected therewith. Under Section 3 (1)(a) of the Family Courts Act, it is mandatory for the State Government 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.

The main objectives and reasons for setting up of Family Courts are:

To create a Specialized Court which will exclusively deal with family matters so that such a court may have the necessary expertise to deal with these cases expeditiously. Thus expertise and expedition are two main factors for establishing such a court;
To institute a mechanism for conciliation of the disputes relating to family;
To provide an inexpensive remedy; and
To have flexibility and an informal Atmosphere in the conduct of proceedings.

Procedure followed by the family courts

The Family Courts are free to evolve their own rules of procedure, and once a Family Court does so, the rules so framed over ride the rules of procedure contemplated under the Code of Civil Procedure. In fact, the Code of Civil Procedure was amended in order to fulfil the purpose behind setting up of the Family Courts.

Special emphasis is put on settling the disputes by mediation and conciliation. This ensures that the matter is solved by an agreement between both the parties and reduces the chances of any further conflict. The aim is to give priority to mutual agreement over the usual process of adjudication. In short, the aim of these courts is to form a congenial atmosphere where family disputes are resolved amicably. The cases are kept away from the trappings of a formal legal system.

The shackles of a formal legal system and the regular process of adjudication causes unnecessary prolonging of the matter and the dispute can worsen over time. This can be a very traumatic experience for the families and lead to personal and financial losses that can have a devastating effect on human relations as well. This again points to the importance of having guidance counsellors and psychological experts to deal with such matters.

The Act stipulates that a party is not entitled to be represented by a lawyer without the express permission of the Court. However, invariably the court grants this permission and usually it is a lawyer which represents the parties. The most unique aspect regarding the proceedings before the Family Court are that they are first referred to conciliation and only when the conciliation proceedings fail to resolve the issue successfully, the matter taken up for trial by the Court. The Conciliators are professionals who are appointed by the Court. Once a final order is passed, the aggrieved party has an option of filing an appeal before the High Court. Such appeal is to be heard by a bench consisting of two judges.

Setting up of these family courts was a dynamic step so far as reducing the backlog and disposing off cases while ensuring that there is an effective delivery of justice goes. However, as aforementioned, there are still matters of concern which plague these courts. The issues relating to the functioning of these courts is to be seen in total, as quoted in the examples relating to the procedural as well as substantive aspects of the problems. There are many controversial and debatable issues such as engaging a lawyer due to the specific provisions of the Family Courts Act.

lack of uniformity regarding the rules laid down by different states also leads to confusion in its application. Merely passing a central legislation is not in itself a complete step; for implementation in its spirit, it is to be ensured that some level of uniformity is maintained, at least in the initial stages of its coming into effect. Further, the need to amend certain laws is also to be examined and implemented effectively in order to ensure that these courts do not face any hindrance in their working. These small steps, if examined and implemented within time, will go a long way to ensure that the Family Courts are successful, to a greater degree, to fulfil the noble purpose for which they were created.,

Family court is a specialized court that deals with legal issues related to families. These issues can include adoption, child custody, child support, divorce, domestic violence, guardianship, marriage, parenting time, prenuptial agreements, and visitation.

Adoption is the legal process of taking a child into one’s family as a permanent member. The child’s birth parents must give up their parental rights, and the adoptive parents must be approved by the court. Adoption can be an open adoption, in which the child maintains contact with his or her birth parents, or a closed adoption, in which the child’s birth parents are not identified to the adoptive parents.

Child custody is the legal right to make decisions about a child’s upbringing. In most cases, both parents have joint custody, which means that they share equal decision-making power. However, in some cases, one parent may have sole custody, which means that the other parent has no say in the child’s upbringing.

Child support is a payment made by one parent to the other to help support their child. The amount of child support is based on a number of factors, including the parents’ incomes, the number of children, and the cost of living in the area.

Divorce is the legal process of ending a marriage. The divorce process can be very complex, and it is important to have an attorney to help you navigate it. Some of the issues that need to be addressed in a divorce include child custody, child support, alimony, and division of assets.

Domestic violence is any act of violence or abuse that occurs between family members or intimate partners. Domestic violence can include physical violence, emotional abuse, sexual abuse, and financial abuse.

Guardianship is the legal right to make decisions about a child’s care and upbringing. A guardian is appointed by the court when a child’s parents are unable to care for him or her. A guardian can be a family member, friend, or a professional.

Marriage is a legal contract between two people. When two people get married, they are legally considered to be one unit. This means that they share all of their assets and liabilities, and they are responsible for each other’s debts.

Parenting time is the time that a parent spends with his or her child. Parenting time is usually ordered by the court in the event of a divorce or separation. The amount of parenting time that each parent is awarded will depend on a number of factors, including the child’s age, the parents’ schedules, and the child’s best interests.

Prenuptial agreements are legal contracts that are made before a marriage. Prenuptial agreements can address a number of issues, including property division, alimony, and child custody in the event of a divorce.

Visitation is the time that a non-custodial parent spends with his or her child. Visitation is usually ordered by the court in the event of a divorce or separation. The amount of visitation that each parent is awarded will depend on a number of factors, including the child’s age, the parents’ schedules, and the child’s best interests.

Family court can be a very stressful and emotional experience. If you are involved in a family law matter, it is important to have an attorney to help you navigate the process.

Here are some frequently asked questions and short answers about the topics of divorce, child custody, and child support:

Divorce

What is divorce? Divorce is the legal process of ending a marriage.
What are the steps involved in getting a divorce? The steps involved in getting a divorce vary from state to state, but typically include filing for divorce, serving the other spouse with the divorce papers, attending a hearing, and finalizing the divorce.
What are the different types of divorce? There are two main types of divorce: uncontested divorce and contested divorce. An uncontested divorce is when both spouses agree to the terms of the divorce, while a contested divorce is when the spouses disagree on the terms of the divorce.
What are the grounds for divorce? The grounds for divorce vary from state to state, but typically include adultery, abandonment, cruelty, and imprisonment.
What are the effects of divorce on children? Divorce can have a significant impact on children, both in the short-term and the long-term. Children may experience feelings of sadness, anger, and confusion. They may also have difficulty adjusting to their new living arrangements.
How can I help my children cope with divorce? There are a number of things you can do to help your children cope with divorce, including being honest with them about what is happening, providing them with emotional support, and helping them to maintain a relationship with both parents.

Child Custody

What is child custody? Child custody is the legal arrangement that determines where a child will live and who will have decision-making authority over the child.
What are the different types of child custody? There are two main types of child custody: physical custody and legal custody. Physical custody refers to where the child will live, while legal custody refers to who will have decision-making authority over the child.
What are the factors that a court will consider when making a child custody decision? The factors that a court will consider when making a child custody decision vary from state to state, but typically include the child’s best interests, the parents’ wishes, the child’s relationship with each parent, and the parents’ ability to provide for the child’s needs.
What is joint custody? Joint custody is a type of child custody arrangement in which both parents have equal rights and responsibilities for the child.
What is sole custody? Sole custody is a type of child custody arrangement in which one parent has sole physical and legal custody of the child.
What is visitation? Visitation is the right of a parent who does not have physical custody of a child to spend time with the child.
What are the effects of child custody disputes on children? Child custody disputes can have a significant impact on children, both in the short-term and the long-term. Children may experience feelings of anxiety, Stress, and anger. They may also have difficulty adjusting to their new living arrangements.
How can I avoid a child custody dispute? There are a number of things you can do to avoid a child custody dispute, including communicating with your spouse about your expectations for child custody, agreeing on a parenting plan before the divorce, and seeking professional help if you are unable to reach an agreement on your own.

Child Support

What is child support? Child support is a payment made by one parent to the other parent to help with the costs of raising a child.
What are the factors that a court will consider when determining child support? The factors that a court will consider when determining child support vary from state to state, but typically include the parents’ incomes, the child’s needs, and the amount of time each parent spends with the child.
How much child support should I pay? The amount of child support you should pay will depend on a number of factors, including your income, the child’s needs, and the amount of time you spend with the child. You can use a child support calculator to get an estimate of the amount of child support you should pay.
What happens if I don’t pay child support? If you don’t pay child support, you may be held in Contempt of Court. This means that you could be fined, jailed, or both. You may also have your driver’s license suspended or your passport revoked.
How can I get help with child support? If you are having trouble paying child support, you may be able to get help from a number of sources, including your state’s child support enforcement agency, a private attorney, or a legal aid organization.

Which of the following is not a type of family law?
(A) Divorce
(B) Child custody
(C) Adoption
(D) Family court
Which of the following is not a factor that a court will consider when making a child custody decision?
(A) The wishes of the child
(B) The wishes of the parents
(C) The child’s best interests
(D) The parents’ financial situation
Which of the following is not a requirement for adoption in most states?
(A) The adoptive parents must be married
(B) The adoptive parents must be at least 18 years old
(C) The adoptive parents must be able to provide a safe and loving home for the child
(D) The adoptive parents must be financially able to support the child
Which of the following is not a right that a parent has after a divorce?
(A) The right to visit with the child
(B) The right to make decisions about the child’s Education
(C) The right to make decisions about the child’s medical care
(D) The right to receive child support from the other parent
Which of the following is not a responsibility that a parent has after a divorce?
(A) The responsibility to provide financial support for the child
(B) The responsibility to provide emotional support for the child
(C) The responsibility to make decisions about the child’s education
(D) The responsibility to make decisions about the child’s medical care
Which of the following is not a type of domestic violence?
(A) Physical abuse
(B) Emotional abuse
(C) Financial abuse
(D) Family court
Which of the following is not a way to prevent domestic violence?
(A) Educate people about domestic violence
(B) Provide support Services for victims of domestic violence
(C) Enforce laws against domestic violence
(D) Family court
Which of the following is not a right that a victim of domestic violence has?
(A) The right to safety
(B) The right to be free from violence
(C) The right to be heard
(D) Family court
Which of the following is not a responsibility that a perpetrator of domestic violence has?
(A) The responsibility to stop the violence
(B) The responsibility to seek help for the violence
(C) The responsibility to pay child support
(D) Family court
Which of the following is not a way to help a victim of domestic violence?
(A) Call the police
(B) Go to a shelter
(C) Talk to a friend or family member
(D) Family court