Matters such as marriage, divorce, judicial separation and restitution of conjugal rights come under the jurisdiction of Family Courts set up under the:

The Family Courts Act, 1984 provides for the establishment of Family Courts to promote conciliation and secure speedy settlement of disputes relating to marriage and family affairs.

Why Family Courts were set up:

• Family disputes in ordinary civil courts were slow, costly and adversarial.
• Women's organisations and the Law Commission recommended special courts with a more friendly and informal approach.

Matters dealt with by Family Courts:

• Suits for a decree of nullity of marriage, restitution of conjugal rights, judicial separation and divorce.
• Disputes about the validity of a marriage or the matrimonial status of a person.
• Disputes about property of the spouses.
• Suits for orders or injunctions arising out of a marriage.
• Declarations about the legitimacy of a person.
• Guardianship and custody of children.
• Maintenance proceedings.

Setting up of Family Courts:

State governments, in consultation with the High Court, set up Family Courts in cities or towns with a population of more than one million, and in other areas as they think necessary.

Features of the procedure:

• The court tries first to bring about a settlement through conciliation and counselling.
• Proceedings may be held in camera if either party wishes.
• Parties are not entitled, as of right, to be represented by lawyers, though the court may allow it or appoint a legal expert as amicus curiae.
• The court is not strictly bound by the rules of evidence.

Appointment of judges:

• Judges are appointed by the state government with the concurrence of the High Court.
• Preference is given to women while appointing judges.

Appeals:

An appeal from a Family Court lies to the High Court.

Number of Family Courts:

There are several hundred Family Courts across the country.

Personal laws:

Family Courts apply the personal law of the parties, such as the Hindu Marriage Act or the Special Marriage Act, in deciding cases.

Why not the other options?

• ✗The Hindu Marriage Act and the Special Marriage Act lay down the substantive law of marriage.
• ✗The Legal Services Authorities Act deals with legal aid and Lok Adalats.