Family Courts are special types of courts which specialize in legal matters pertaining to family matters and are located above District Court but beneath High Court levels of legal jurisdiction.
The Mumbai High Court possesses jurisdiction over both Maharashtra and Goa, including Union Territories of Daman & Diu and Dadra and Nagar Haveli, and features regional benches at Nagpur, Aurangabad, and Panaji.
Divorce
Family courts provide an impartial forum that adjudicates cases regarding issues like divorce, maintenance of wives and children, restitution of conjugal rights and alimony payments. Most often than not, their decisions are upheld by higher courts.
Courts at family courts are mandated to recommend counseling as the first step for unhappy couples before forcing them into separation. Unfortunately, however, this system is often misused by couples who refuse to let go of past grievances and file frivolous applications and counter-applications that prolong cases and prolong litigation; ultimately this creates unnecessary litigation with no one benefitting, especially not children.
Divorce can be a complex process involving issues of child custody, property-related disputes and even domestic violence. If you plan on divorcing your partner it is advised that you consult with an experienced family lawyer in Mumbai and become knowledgeable of all forms of divorce available to you.
An uncontested divorce begins by filing a petition in Family Court. Once there, they will issue summonses to your spouse and listen to both sides before deciding how best to resolve or order your divorce. Alternatively, you and your partner could jointly petition for divorce; once filed the court will record both statements signed in front of a judge for signing; within six months they can issue their decree of divorce or accept grounds such as cruelty, desertion, mental disorder etc. and pass decree accordingly.
Separation
Family Courts are special courts that focus exclusively on legal affairs affecting married couples. Their jurisdiction extends to matters such as marriage, divorce, alimony, child custody and restitution cases. Family Courts can be found across the United States and are typically staffed with judges, lawyers and marriage counselors in order to help families resolve disputes in a non-adversarial fashion.
In 1984, India passed the Family Court Act which mandates the creation of family courts throughout India. Under this act, State Governments must establish Family Courts in cities with over one million inhabitants; additionally, funds are allocated by the Central government in each State to support this endeavor.
Family courts provide services beyond hearing divorce cases, such as restitution, streedhan and maintenance under Sections 125 and 13B; issues of mutual consent divorce; as well as adjudicating on issues like alimony, adoption and guardianship disputes. A typical family court includes one judge, two magistrates, four clerks, a registrar and eight marriage counsellors.
Every family court must also include a counselling centre. This center should be overseen by a principal counsellor and should include as many other counsellors as directed by the High Court, either on court premises or elsewhere specified. Counselling units may be divided up and be overseen by one or more counselors – each counsellor must be well trained with sufficient experience handling court matters as well as knowing about recent judicial procedures and possess excellent communication skills.
Paternity
Bombay High Court recently issued an order calling upon Maharashtra government to establish family courts in all districts across its state. A division bench composed of Justice Anil K Menon and Makarand S Karnik issued their recommendation following businessman Tushar Gupta’s petition alleging an acute lack of family courts across Maharashtra despite Family Courts Act’s requirement of one court for every district.
The Family Court seeks to promote conciliation and ensure speedy legal resolutions of matters related to marriages and related family affairs for Indian citizens. In addition, this court serves as a venue for dispute resolution using non-adversarial methods as well as provide family counselling sessions. As part of Mumbai High Court it has jurisdiction over Maharashtra, Goa, Dadra & Nagar Haveli as well as Daman & Diu.
Apart from seven judges sitting on the family court bench, numerous assistants assist counsellor with cases. It provides an all-in-one solution for family related disputes and is open to public. Cases related to child custody, maintenance and alimony can all be heard here.
According to the ministry, family court cases have seen an upsurge since 2018. In 2018, 14% more cases were filed compared with 2017, while in 2019 that figure increased further by 21%. This trend may be explained by people marrying later and higher divorce rates or by more couples looking for children through adoption – all factors which require legal proceedings before any decisions can be made on adoption cases. As a result, government has taken measures to help these families.
Child Custody
Child custody cases involve asking the court to make a determination as to which parent should have physical custody of the child, taking into consideration many factors, including mental health and ability of caretakers such as mothers. Usually courts favor mothers as natural guardians of their child; however in certain instances joint or sole custody could be awarded to fathers.
When making custody decisions, courts consider numerous factors related to mother’s physical and emotional well-being, mental ability, and financial security. When facing difficulty with custody battles, it is crucial that parents seek professional advice from family lawyers who can guide them through the legal process while safeguarding their rights.
Courts also determine whether children are in danger of harm. If this is determined to be the case, judges will request a risk assessment report from a psychologist or psychiatrist in order to establish whether abuse has taken place and assign a child welfare officer who will assess and recommend solutions. It’s wise for parents to seek professional advice early on in order to avoid costly mistakes while simultaneously receiving justice they deserve.
Child Support
The family court system is an alternative method of resolving marriage and related family matters without court battles or conventional legal solutions. It was created to promote conciliation and ensure prompt legal settlements of divorces, restitution of conjugal rights cases, maintenance cases, custody matters and related matters. Family courts are established under the Family Courts Act 1984 by State Governments with input from their High Courts; financial assistance for these courts comes equally from both sources – Central Government vs State.
Family Courts are run by judges and assistant judges trained in family law. Their efforts are supported by family prosecutors as well as psychiatric professionals specializing in working with families.
These courts also handle issues related to child custody, alimony and any financial matters that may arise in marriages or relationships. Furthermore, they serve as arbitrators in child support disputes and child abuse cases and focus on the wellbeing of children as well as providing a safe haven for victims of domestic violence.
Not only are these courts equipped with regular court proceedings, they also boast special rooms dedicated to mediation and counseling as well as childcare facilities. Furthermore, there is also a helpline provided specifically to women experiencing problems with their husbands or going through divorce.
The government has instructed all States and Union Territories to establish family courts in every district. According to K Venkathapathy, Minister of State for Law and Justice in India, so far 159 Family Courts have been set up across India so far; Uttar Pradesh boasts the most courts followed by Karnataka and Chhattisgarh with most others to follow soon after. Unfortunately the rest of India still does not yet have these institutions in place.
