Family courts are authorized to deal with matrimonial disputes such as divorce or child custody. The main aim of the family court is to compromise with legal problems that occur in families.
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When marriage takes place in our society, it brings different goals into an individual's life considering the families involved in it and the goal keeps changing throughout the lives attached to the institution of marriage. These change of goals lead to matrimonial disputes because of disagreements over how marriage and lives should function.
Marital conflicts are obviously not pleasing and unwelcomed as they may have a huge impact on the lives of individuals involved in it. Such disputes pave the way for separation and divorce. Divorce occurs not for any one reason rather it's a series of events which are not handled gently.
Role of Family Court:
Family courts Act 1984 was enacted specifically to resolve such issues in family courts through conciliation and speedy settlement of disputes related to marriage and family matters.
Objectives of Family Court:
- To provide justice and dispose of the issues at the earliest possible.
- Promote outside settlement of court via conciliation and mediation.
- Save family bonds
Services at Family Court:
- Court Clerks: They help keep you updated about court records and information on daily court calendars and schedules.
- Self Help center: These centers provide you with resources such as educational training , court procedures and forms but no legal advice
- Mediation: These centers help to resolve parental and marital issues such as custody or visitation rights. Non biased mediators make an agreement that shall be treated as private and confidential.
- Interpreters: These courts provide interpreters for non-english speakers so that at least the language should not be the barrier in the court.
Duties of Family Court:
- Persuade the Parties for settlement
- If court finds that reasonable settlement can be done then it adjourns the proceeding for the time it thinks fit.
Appeal:
Every judgment or order passed by the Family Court can be appealed in High Court, but if the order is passed after consent of the Parties in cases relating to maintenance of wives etc.
Settlement of the Disputes:
This Act caters to efforts for settlement under section 9 as it says that it is a duty of the Court to make efforts for a compromise. It is worthy to note that the intent, thought and motive behind establishment of Family courts was to provide not only legal remedy for settlement of family disputes but to make sure that estranged families avail the services of professional and trained mediators and counselors who may provide counseling and resolution of disputes. Thus, this enactment of Act can be identified as a wholesome legislation on reconciliatory modes in matrimonial disputes in India.
Important Role in Deciding guardianship:
Judges in Family Courts normally play a role of mediator but not as adjudicator and try to reconcile both the parties thinking it is in the best interest of the child or children involved. Guardianship issues have been given special importance in the Family Courts, and follow Child Centric Approach.
At, Sharks of Law you get the best advocates for legal consultation in family matters. For top-notch legal services in matrimonial disputes, Sharks of Law stands out with expert counsel and personalized solutions and navigate complexities seamlessly with our trusted team, ensuring swift resolutions and peace of mind.
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Adv Vipul Singh Raghuwanshi
Legal expert and contributor at Sharks of Law. Committed to providing clear and accessible legal guidance to everyone.
