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Advantages And Disadvantage Of Family Law

1466 Words6 Pages

“FAMILY DISPUTE SETTLEMENT THROUGH THE FAMILY COURTS”
BY - Asst.Prof. ATUL D KURANE
Abstract : Family has been recognized as the important social unit. Any disturbance in it affects the society. It has been afforded protection and assistance by international community and recognized as a human right. Accordingly, The Family Courts Act 1984, makes provisions for establishment of a Family court. The Family courts provide speedy remedy and amicable settlement of disputes. The other unique features of Family Court are absence of lawyers, less formal procedure, in camera proceedings and woman judges. The Act has a few drawbacks as well which need to be addressed if Family Court has to achieve the noble objectives it is intended to achieve. INTRODUCTION:
The Family …show more content…

Councilors and officers are appointed by State government to assist the Family Court in its working.
Family Court has the jurisdiction exercised by District Court or subordinate civil court in suits and proceedings as under sec 7(1) such as Marriage disputes, disputes regarding property rights of parties, maintenance, guardianship etc. The Family Court also has jurisdiction exercised by J.M.F.C. as per Chapter XI of Cr.P.C. relating to maintenance.
The enabling provision helps the Family Court to exercise such jurisdiction as conferred by any other Law. The Act excludes the jurisdiction of other courts in matters for which the family court has been conferred jurisdiction.
The Act makes procedure of the Family court unique. The Family Court assists the parties and persuades them to reach for a settlement.
The proceedings before a Family Court should first be referred to conciliation and if conciliation fails then the matter is taken for trial.
The Act empowers the High court to lay down rules for procedure to be followed by the family

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