Varsha S Nambiar
Family Matters

Civil Proceedings Before Family Court

Civil Proceedings Before Family Court. Family courts were established to deal with cases that revolve around matters. Such as divorce, custody of children, separation, maintenance, etc. Until about 1984, civil courts were the ones that dealt which matters regarding family. The establishment of family courts came about with “The Family Courts Act,1984[1]”.

According to the case Gangadharan V State of Kerala[2], the establishment of family courts occurred not only due to the mention of the same in the act but also to keep away the provision of the formal platform with cases that come under disputes between family. The appointment of judges of family court is done by the State Government. They may appoint judges that possess the qualifications mentioned in the act. A higher stake will be given to women when such decisions are taken due to the belief of women. Having a higher commitment to protecting and being careful with matters. Regarding the institution of marriage as well as for the betterment of children.

Family courts can exercise in all the jurisdictions that are exercised by any district of the subordinate civil court. Under any law with regard to the proceedings and suits that are mentioned in section 7 of the family court act of 1984:

Contents hide

1 SECTION 7[3]:

2 Procedural matters regarding the family courts are as follows:

2.1 Other Procedural Matters Regarding Family Courts –

3 Reference

3.1 Related

SECTION 7[3]:

the suit or proceeding between the parties to a marriage for a decree of nullity of marriage (declaring the marriage to be null and void or, as the case may be, annulling the marriage) or restitution of conjugal rights or judicial separation or dissolution of marriage;
the suit or proceeding for a declaration as to the validity of a marriage or as to the matrimonial status of any person;
given suit or proceeding between the parties to a marriage with respect to the property of the parties or of either of them;
suit or proceeding for an order or injunction in circumstances arising out of a marital relationship;
suit or proceeding for a declaration as to the legitimacy of any person.
a suit or proceeding for maintenance;
a suit or proceeding in relation to the guardianship of the person or the custody of, or access to, any minor.

Procedural matters regarding the family courts are as follows:

A family court can consider and consider to be a civil court as it prevails and possess all the powers a civil court attains. The procedures will be based on the “Code of Civil Procedure, 1908[4]” and will be suitable for all proceedings and suits before a family court.
The family court whenever possible should try to help and talk the parties into coming into a settlement between them.
Proceedings and suits can be held under camera if the court or the party desires unless the public is there to watch the proceedings.
The assist of medical and welfare experts, by the family court in order to fulfill its purpose under the act.
Engaging a lawyer is not a matter of right for a party before the family court during the proceedings. If the court considers it necessary, they can be represented by a lawyer.
The admissibility as evidence will be under the Indian Evidence Act,1872[5] but the family court will receive any reports, documents,s or information that can help them with the dispute.
A judge to record a document that records the terms and legal details of the contract is well and enough for the sworn evidence of the witness. The court needs to record the whole evidence. The judge and the witness should sign a contract that is a memorandum that indeed forms a part of the records taken by the court regarding the substance of the case.

Other Procedural Matters Regarding Family Courts –

Evidence can be given in the manner of an affidavit if it is in a formal form.
The elements the final judgment should contain given by the family court are as follows:
A brief statement regarding the case
The points for conclusion/determination
The final decision by the court
The reasons for the above
Every order of a family court can carry out under the important and appropriate provisions. Under the Code of Civil procedure, 1908.
Appeal from the final judgment can file within 30 days of the date. Of judgment or decree based on both, the viewpoint of law as well as that of the facts.
Situations in which appeal can not be filed are as follows:
Against an intermediate, not final order given by the court
If both the parties have consented to an order or decree, an appeal cannot be filed.