Family Court Act 1984, Section 7 of Family Court Act

Concept of Family Courts

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Before 1984, all family matters were heard by the ordinary civil court judges who used to take a long time to provide relief to the parties.
- The regular courts are burdened with so many civil matters that no attention was given to the family-related disputes.
The Law Commission in its 59^th Report (1974) also emphasised that there is a need to distinguish the family-related disputes from common civil proceedings and reforming efforts should be made to settle the disputes between a family.
Therefore, to provide speedy settlement with fewer expenses and formalities, in disputes relating to marriage and family and to make an agreement between the parties for their conciliation, the Family Courts Act, 1984 was enacted by Parliament on 14, September 1984 to establish family courts in India. This act contains 6 chapters and 23 sections.

Section 3 of the Family Court Act, 1984 provides that, the State government, after consultation with the High Court shall establish the family court in every area of the state where the population is exceeding 1 million or in the area where the State government deem necessary.

Section 4 of the Family Courts Act, 1984 says that the state government has the power to appoint one or more persons as the judges of the family court after consulting with the High Court.

For Appointing a Judge of the Family Court

Following qualifications are required-

He must have worked for a term not less than seven years in a judicial office in India or in the office of a member of a tribunal or any post under the Centre or a State which requires special knowledge of law; or
He must have worked as an advocate of a High Court or two or more courts of succession for a term not less than seven years; or
He must possess such qualifications as prescribed by the Central government after consulting with the Chief Justice of India; or
He must not have attained the age of sixty-two years.

Section 7 of this act grants the family courts the same powers and jurisdiction as the District Court or Subordinate Civil Courts in their suits and proceedings.
Section 7 (2) gives the family courts the authority to exercise the same jurisdiction as a Magistrate of the First Class under Chapter IX of the Code of Criminal Procedure, 1973, as well as any other jurisdiction provided by law.

Types of Cases that are heard in Family Courts

When someone wishes to terminate their marriage, they can file a case in family court and get a court order. Divorce and annulment processes may be used to end a marriage.
The court can also issue a separation in which the parties remain legally married but receive property, alimony, and child custody orders.

The explanation (g) in Section 7(1) provides that the family court has jurisdiction to grant the custody of the child to a proper person and to make that right person the guardian of a minor.

As per the explanation (c) of Section 7(1) of the family courts act, the family court has jurisdiction over the disputes related to the property of the parties to the marriage.

Under the Family Court Act, explanation(f) of Section 7(1) clearly provides that the family courts have jurisdiction over the suits or proceedings for maintenance.
Also under Section 7(2), the family courts have the power to exercise a jurisdiction which is exercised by a Magistrate of the first class under Chapter IX of the Code of Criminal Procedure, 1973, (CrPC), which is related to maintenance of wife, children and parents.
This means the family courts can grant maintenance under Section 125 of CrPC.

Domestic abuse victims can obtain protection orders from the family court to keep their assailant at bay.

The family court shall be deemed to be a civil court and shall have the powers of such court.
Section 10(1) applies the provisions of the Code of Civil Procedure, 1908, in the suits or proceedings of the family court.
- Section 10(2) says that the provisions of the CPC, 1908 are applied on the suits and proceedings of the family court, under chapter IX of the code.
- Section 10(3) gives power to the family court to lay down its own procedure according to the circumstances of the suit or proceeding or at the truth of the facts made by one party and refused by another, intending to arrive at a settlement.
Section 11 of the act, the proceedings of the family court may be held in camera, if the court feels so, or any party to the suit wants to do such.
- The family courts work with fewer formalities, they don’t record the lengthy evidence of witnesses, only that evidence of the witness is recorded which is related to the subject matter.
According to Section 14 of the act any report, statement or document, related to the subject matter is admissible under Indian Evidence Act, 1872 (IEA).
Also, as per Section 15 of the act, it is not necessary for a family court to record the evidence of a witness at length, only that part is sufficient which is related to the suit or proceeding, and it should be signed by the judge and the witness.

Section 9 of this act prescribes the duty of the family court to make reasonable efforts for reconciliation between the parties.
- It prescribes the duty of the family court to make efforts to promote reconciliation between the parties.
As per Section 9(1), in the first instance, the family court, in every suit or proceeding, shall make efforts to convince the parties to settle the dispute with an agreement.
According to Section 9(2), if the family court finds that at any stage of the proceeding there is a reasonable probability of settlement between the parties, the court has the power to adjourn the proceedings until the settlement is reached.

Personal appearance is mandatory in a family court. Parties must not be entitled to be represented by a lawyer. They must appear themselves and put their case forward.

The court shall record what the witness deposes, and the memorandum shall be signed and form a part of a record.
The court may, on the application of any of the parties, summon and examine any such person as to the facts contained in the affidavit.

The judgment of a family court shall contain a concise statement of the case, the point for determination, the decision thereon, and the reasons for such decision.

An appeal against the judgment passed by the family court can be filed in the High Court within 30 days of the date of judgment.