Importance Of Family Law

2. RATIONAL SIGNIFICANCE OF STUDY

Disputes among members of business families have been the stuff of numerous novels and films, except for providing headlines in daily newspapers. Various families have ruined themselves fighting until the closing stages, the last scene of which is usually performed in the court. The judiciary is generally averse to enter into the paddle because the law should come after everything else in family relations. The same view has been reiterated in the present state of affairs when compared to the days of Privy Council. The concept of family arrangement is applicable to all the communities in which there is a common unit, common mass and the practice of joint living. Consequently, so long as the arrangements are

The major lacuna in the Indian judiciary is massive pending cases. The number of cases being filed in the Supreme Court is consistently on the rise. Most part of those cases dealing with a broad spectrum of issues such as family matters and property which continue for generations. To give solution to the problem it is important to introduce new different courts to 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. To ensure the Right of speedy trial and cover the major backlog of the Indian

The Family Courts Act 1984 established the creation of Family Courts through a Gazette notification by the Central Government. These courts are to be established in a town or city where the population exceeds one million or in any area where the State Government considers establishing it. One or more judges constitute the Family Courts but each judge is competent to exercise all the powers of the court.

The Family Courts ' main purpose is to assist the smooth and effective disposal of cases relating to family matters. However, like any other system there are certain issues which become a matter of concern when it comes to the working of these courts. One such issue is that of continuity. Thus, when cases stretch for a period of time which is longer than this, the woman or the aggrieved person has to adjust with new counselors and their story has to be retold several times.

Since the Family Court has restrictive jurisdiction and does not have the power to decide issues of contempt, people do not seem to take the court as seriously as they would a magistrate or a city civil court. Further, it was laid down in the Family Courts Act that the majority of judges should be women. However, this provision has not been complied