DAMODARAM SANJIVAYYA NATIONAL LAW UNIVERSITY

VISAKHAPATNAM, A. P., INDIA.

PROJECT TITLE:

SWOT ANALYSIS ON FAMILY LAW COURTS ACT

SUBJECT:

ECONOMICS

NAME OF THE FACULTY:

PROF. ABHISHEK SINHA

NAME OF THE STUDENT:

SIMRAN GAHUNIA

ROLL NO:

2017091

SEMESTER – III

SECTION – B

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 TABLE OF CONTENTS

 Abstract……………………………………………………………..3

 Introduction…………………………………………………………3

 Methodology………………………………………………………..3

 Results and findings………………………………………………..4-6

 Disscussions…………………………………………………………7

 Conclusion…………………………………………………………...8

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ABSTRACT

Family court is a court of Equity convened to decide matters and make orders in relation to
family law, such as custody of children. In common-law jurisdictions "family courts" are
statutory creations primarily dealing with equitable matters devolved from a court of inherent
jurisdiction, such as a superior court. Family courts were first established in the United States
in 1910, when they were called domestic relations courts although the idea itself is much
older.

Family courts hear all cases that relate to familial and domestic relationships. Although each
state has a different system utilized to address family law cases, each state strives to provide
families with the best possible outcome in family law cases. Family courts can also issue
decisions regarding divorce cases.

INTRODUCTION

The Family Courts Act 1984 was enacted on 14 September 1984 to provide for the family
courts with a view to promoting conciliation in and secure speedy settlement of disputes
relating to marriage and family affairs. According to Section 2 (d) of the act, "Family Court"
means a family court established under section 3. Section 3 describes the establishment of
Family Courts and says that the State Government after consultation with the High Court and
by notification shall establish a Family Court for every area of the state consisting of a city or
town whose population exceeds ten lakhs and for other areas in the state as it may deem
necessary. Family courts are subordinate to the High Court, which has power to transfer the
case from one family court to the other.

The matters which are dealt in the Family Court in India are matrimonial relief which
includes nullity of marriage, judicial separation, divorce, restitution of conjugal rights,
declaration as to the validity of marriage and matrimonial status of the person, property of the
spouses or any of them and declaration as to the legitimacy of any person, guardianship of a
person or custody of any minor, maintenance including the proceeding under the Cr. P.C.

METHODOLOGY

This analysis contains doctrinal methodolgy.

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RESULTS AND FINDINGS

Strenghts

In the past, states did not have specific family courts which focused on issues that related to
the institution of family. However, the need for family court became clear as other courts
began to become backlogged with family law cases. In addition, increasing occurrence of
family issues such as divorce and associated issues have also made the need of family courts
obvious.

There are many people that support the idea of family courts and the benefits associated with
a special judicial divisions whose aim is to provide decisions in the best interest of family
institution. In fact, courts are able to focus all of their attention on issues that relate to family
and domestic problems. In the past, courts were too generalized and were unable to focus on
specific issues. In fact, family court judges now deal only with family issues. In addition,
families are usually assigned to the same judge for all of their cases and this allows the judge
to have a greater understanding of each particular family unit.

There are many benefits of a separate family court within each states judicial system. For
example, some families are unable to resolve disputes on their own. In some cases, the family
court will assign a family a mediator that will try to resolve family issues without court
intervention.

The benefits of mediation include better conflict resolution skills, which often brings family
members closer together. In addition, family members tend to be calmer and think more
clearly when they are in the presence of a mediator or judge. By utilizing family mediation,
families also free the courts' time so that they can deal with serious cases in a timely and
efficient manner. However, many family law cases end up being heard by a judge. The
advantage of having a judge decide family law cases is that they should rule without
prejudice. In the past, cases were often decided on factors that may have included gender or
financial bias. However, judges in family court, are better trained to issues decisions based on
the best interest of family members, especially the children.

On the same token, juvenile offenders should be treated differently than adults, and family
courts provide punishment while trying to rehabilitate the child before they become an adult
offender. Since family law cases began being heard in specialized family courts, family
issues have been resolved in a more timely, fair, and efficient manner. In fact, families' wait

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times for decisions on family law cases has been significantly decreased in most cases. While
divorce rates continue to increase, many family courts send divorcing couples into mediation
as a first step. In fact, family mediation is one of the greatest benefits offered through the
family courts. However, some cases are not settled through mediation and families must go
before a judge. Family law cases are often decided by judges that have had extensive
experiences in cases that relate to familial or domestic issues.

Weakness

All the codified marriage legislations in India stipulate conditions of a valid marriage. The
bone of contention in these stipulations hovers around two harsh realities- age at marriage
and registration of marriages. The principal family law legislation in India i.e. The Hindu
Marriage Act, 1955 does not render a marriage void or voidable in the event that the boy has
not completed the age of twenty one years or the girl has not completed the age of eighteen
years. Child marriages are performed even though The Child Marriage Restraint Act, 1929
provides punishment for solemnizing child marriages of boys below twenty years of age and
girls below eighteen years of age. To add to the problem, India to this date does not have a
compulsory requirement by law for registration of marriages. This practice is a harmony with
reality. Child marriages in practically all religious communities in India are accepted
practices, which obviously cannot be registered due to non-fulfillment of minimum age of
marriage. Therefore the violation of the condition of minimum age at marriage does not entail
nullity of marriage since registration is optional and not compulsory.

Over the last thirty years, the field of family law has experienced a tremendous expansion of
substantive law topics. While in the past being a family lawyer may have meant primarily
handling divorce and custody cases, today's family law practitioner may choose from a wide
variety of subspecialties, including adoption, genetics and reproduction, children's rights,
elder law, tax planning, and many others.

At the same time, the role of family lawyers has also undergone dramatic changes. With the
advent of no fault divorce laws, the lawyer no longer has to prove the other spouse guilty of
wrongdoing before a marriage can be dissolved. This has allowed family lawyers to become
mediators and counselors; helping clients who are parents begin to build a working
relationship with their ex-spouse for the sake of their children.

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Oppurtunity

Family law is the law that deals with the legal issues that arise in families or other personal
relationships such as Marriage, Adoption, Divorce, Child Custody, Maintenance,
Guardianship, Partition, Parental Responsibility

Family law is primarily concerned with the rules of the formation of the family and of the
rights and obligations arising out of relationship in the family. The law of marriage, sonship
and adoption relate to the formation of the family. The law of partition and inheritance
govern rights arising out of relationship in the family. The Indian Family law is concerned
with the personal laws of different religion .The family matters such as marriage, adoption,
guardianship, divorce, maintenance, partition, succession, inheritance etc are governed by
personal laws of each religion.

In India different religions like Hindu, Muslim, Christian and Parsi etc are governed by their
own personal law as Hindu law (Hindu law acts 1955-56), Muslim law (Muslim personal
laws (Shariat) application act 1937), Christian law, Parsi law (Parsi marriage and divorce act
1936), respectively.

Threat

Threats to health, safety, life etc, whether mental or physical, including physical abuse,
sexual abuse, verbal and emotional abuse and economic abuse; or

Harassmentthrough any forms such as harms, injuries to the aggrieved person by coercing her
or any other person related to any unlawful demand for dowry or other property or valuable
security; or Otherwise injuring or causing harm, through physical or mental means to the
aggrieved person.

Against whom domestic violence can be filed

In the present day scenario, complaint can be filed against any adult male member who is in a
domestic relationship with the aggrieved person and against whom the aggrieved person has
sought any relief under this Act including the other family members such as mother-in-law,
father-in-law, brother-in-law etc. or any relative of the husband or male partner. But in a
recent judgement of 2010 in the case of Kusum Lata Sharma vs State & Anr, the Bombay
High court held that a sister cannot file a complaint against her brother's wife, or her own
sister. A mother-in-law if subjected to domestic violence by daughter-in-law cannot file a

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case against her daughter-in-law however she can file a complaint case against her son
mentioning the name of the daughter-in-law as the agent of her son.

DISCUSSIONS

India is a land of diversities with several religions. The oldest part of Indian legal system is
the personal laws governing the Hindus and the Muslims. The Hindu personal law has
undergone changes by a continuous process of codification. The process of change in society
has brought changes in law reflecting the changed social conditions and attempts the solution
of social problems by new methods in the light of experience of legislations in other countries
of the world.

The Muslim personal law has been comparatively left untouched by legislations The Indian
legal system is basically a common law system. The Indian Parliament has enacted the
following family laws which are applicable to the religious communities defined in the
respective enactments themselves.

CONCLUSION:

A net analysis of the various propositions and view points discussed above drives home the
ideal solution that for Indians there is needed one indigenous Indian law applicable to all its
communities which coexist democratically. Analytically speaking, the answers to the social
issues discussed above are within the system. Codification of a unified civil code may be the
ultimate solution. Other measures will only tide over time. Judicial verdicts will keep the
momentum going. Accommodating personal laws of all religions under such a code is an
uphill task. It may take time. The legislature will ultimately have to perform this onerous duty
of drafting the Code. Religion will have to keep pace with law. Unity in India exists in its
diversity. Times have moved ahead, but personal laws have not kept pace. The courts in India
perform a Herculean task in carving out solutions on a case to case basis. The executive and
the legislature arms of the government in India however now need to contribute to provide
the much needed solutions. In the e-age today, the path to progress must be chartered with
harmony at home. As the largest democracy in the world, India has an opportunity to be a
role model in various aspects of family laws. Maybe, with further changes and amendments
in some aspects, a better role model to emulate may emerge in the Indian sub continent.

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