Family Courts

The Family Courts Act, 1984 provides for establishment of Family Courts by the State Governments in consultation with the High Courts with a view to promote conciliation and secure speedy settlement of disputes relating to marriage and family affairs and for matters connected therewith.  Under Section 3(1)(a) of the Family Courts Act, it is mandatory for the State Governments to set up a Family Court for every area in the State comprising a city or a town whose population exceeds one million. In other areas of the States, the Family Courts may be set up if the State Governments deems it necessary. Following are the matters which can be filed in the Family Courts-
 

  1. Decree for nullity of marriage
  2. Restitution of Conjugal rights
  3. Judicial Separation
  4. Divorce
  5. Declaration of marital status of any person
  6. Matrimonial property matters
  7. Claim of maintenance
  8. Guardianship
  9. Custody of children
  10. Access of children
  11. Application for injunction in matrimonial matters.
     

2. A scheme of Central financial assistance was started in 2002-03 for setting of Family Courts. As per the scheme a Non-recurring grant @ Rs. 10 lakh per court is provided by the Department of Justice for setting up of Family Courts. Funds for the purpose are released under the CSS for development of infrastructure facilities for the judiciary. 

 

3. The Parliamentary Committee on Empowerment of Women has recommended that Family Courts may be set up in each district.  All the State Governments/UT Administrations have been requested to set up Family Courts in each district.  At present 212 Family Courts are reported functional across the country.

Updated Since: 01/07/2011