The Rights of the Deceased: Moral Rights Incidental to Copyright Law
- Vanshika Agrawal
- 2024-04-25
Before knowing the working of welfare organizations and counselors attached to Family Court we should know what exactly is Family Court, how it was established, what are its objectives, and then the functions of the court to which welfare organization and counselors are part.
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2.1 Types of cases dealt in family court:
4 Duty of court to make reasonable efforts for reconciliation between the parties:
5 Help from medical and welfare experts:
6 Association of Social Welfare Agencies and Counselors:
8.1 There are certain changes require for example as follows:
Working of the welfare organization and counselors attached to Family Court
Family Courts are the courts which deal with matters relating to marriage and family like divorce, child custody etc. The role of family court is to resolve the family matters through conciliation and settlement, the main goal is to protect the relation before breaking it. The need to establish Family Court was first pointed out by Lt.Durgabai Deshmukh. She went to China and there studied the concept of Family Court. Section 3 of Family Courts Act, 1984 deals with establishment of Family Court and mentions that the State Government after the consultation with High Court Establish a Family Court in all the areas where the population exceeds one million and where it deems necessary. To enforce the orders of family court the provisions of Civil Procedure Code are applied.
Working of the welfare organization and counselors attached to Family Court
Working of the welfare organization and counselors attached to Family Court
Sec10 of The family court Act,1984 laid the general procedure which is follow by the Family Court. Sec10(1) applies the provisions of the Code of Civil Procedure,1908, in the suits or proceedings of the family Court and by applying the Code, the family Court shall be deem to be a civil court and shall have powers of such courts. Section 10(2) says that the provision of the Civil Procedure Code,1908are applied in the suits and proceedings of the court. Sec10(3) gives power to the family court to lay down its own procedure according to the circumstances of the suits or proceedings or at the truth of the facts made by one party and refused by the other, intending to arrive at a settlement.
According to Sec11 the proceedings of the family court may be held in camera, if the court wants.
According to Section 14 of the act any report, statement or document, related to the subject matter is admissible under the Indian Evidence Act,1872.
Section 9 of this act prescribes duty of the family court to make effort to promote reconciliation between the parties, sec9(1) at first the court shall convince the parties to resolve the dispute through agreement and for that purpose the court shall follow the procedure prescribed by the High Court or any rules or procedure as the court may deem fit.
According to sec9(2) if the court feels that there is reasonable probability for the parties to settle, the court can adjourn the proceeding and until the settlement is reach.
To promote reconciliation between the parties, Section 12 mentions that Family Court has option to take help from medical services or any other person, whether related to parties or not or any professional will promote the welfare of the family or any other person who can help the court in discharging its function.
According to Section 5 of the Family Court Act, the state government after consulting with the high court makes rules regarding the association of the following persons or institutions with the family court.
Sec 6 of this act provides that the state government after consulting with the Family Court shall determine the number of counselors, officers and other employers who will help the family court in discharging its functions effectively and shall ensure the presence of such counselors, officers and other employees.
The Counselor plays an important role in the working of the family court. Most of the cases of the family court can be solve by effective counseling. So, the fair selection of counselors for the family court must be ensure.
The act restricts the role of the lawyers and more weightage is given to the counselors in resolving the disputes for a mutual amicable settlement. The English concept of the Adversarial system of adjudication is used in which judges play the role of a neutral arbiter and takes a decision base on the merits of the case present to him/her by the opposing lawyer. The act restricts the role of lawyers as legal experts or amicus curiae to who the court may consult for opinion. The act does away the lawyers to reduce corruption, high proceedings cost, manipulative or subversive tactics, refusal to settle or compromise, and so on. However, to that is a criticism that the court needs lawyers for the fields where the counselors are not expertise. Accordingly, Family Courts have allowed lawyers to represent clients.
Moreover, in reality the role of counselors is mere superficial. Majority of the states do not have adequate availability of counselors, the role of counselors is limit to make out if the dispute can be reconciled, not beyond the preliminary
stage or in the trial of the case. The concept of counselors is new and the judges and lawyers are not oriente to this concept. There exist a wide disparity among state with respect to the process adopted to appoint the counselors, their
remuneration, their roles, their qualification. While some states have used non-governmental organizations, while some have used trained personnel, individual volunteers and even lawyers.
The parliament enacted The Family Courts Act, 1984 for speedy settlement, fewer expenses and formalities in disputes
relating to family, to make an agreement for the parties to reconcile. However, in reality the main purpose is not being fulfilled, they are not functioning properly towards fulfilling the purpose. There are various reasons behind it like biased counselling, improper infrastructure, lack of clarity of procedure and many other.
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