Family Courts Act Made Simple: Know Your Legal Rights & Process

The Family Courts Act, 1984, was made to set up special courts to deal with family matters like:

• Marriage and divorce
• Child custody and guardianship
• Alimony and maintenance
• Property disputes between family members

The goal of this Act is to make the process faster, less expensive, and more friendly than regular courts.

Key Features:

• Family courts are set up in cities with a population over 1 million (can be set up in smaller places too).
• Judges are trained to handle sensitive family issues.
• The court encourages settlement and mediation before giving judgment.
• Lawyers are discouraged (not banned) so that people can speak freely and solve issues directly.
• Proceedings are kept private and respectful.

Family Courts Act, 1984 – FAQs

• What is a Family Court?
  A special court to deal only with family matters like marriage, divorce, child custody, and maintenance.
• Why was this Act made?
  To ensure quick and sensitive handling of family disputes outside the usual formal court setup.
• Which cases are handled in Family Court?
  • Divorce and separation
  • Child custody or guardianship
  • Maintenance/alimony
  • Family property disputes
  • Legitimacy of children
• Do all cities have Family Courts?
  Family Courts must be set up in cities with more than 10 lakh (1 million) population but can be set up in smaller cities too.
• Do you need a lawyer in Family Court?
  Not always. The court may discourage lawyers from making it simple and friendly but allows them when necessary.
• Are Family Court proceedings public?
  No, they are private, not open to the public, to protect personal and family dignity.
• Is mediation allowed in Family Court?
  Yes, courts encourage settlement through mediation before giving judgment.
• Can women file cases in Family Court?
  Yes, women can file cases for maintenance, custody, divorce, and protection of rights.
• Can child custody be decided here?
  Yes, Family Court decides who will get custody based on the child’s welfare.
• Are judgments given quickly?
  Yes, the Act aims to speed up family-related cases compared to regular civil courts.
• What if both parties agree to settle?
  The court will record the settlement and close the case peacefully.
• Is counselling given in Family Court?
  Yes, courts may refer couples to counsellors or psychologists for advice and possible reconciliation.
• Is maintenance decided here?
  Yes, Family Court decides on monthly maintenance for wife, children, or parents.
• Can grandparents use Family Court?
  Yes, in some cases, like child custody or property issues, they can file petitions.
• Can a second marriage be challenged here?
  Yes, if the first marriage still exists, the second can be challenged as illegal.
• Can a husband seek custody of children?
  Yes, custody is based on what is best for the child, not gender.
• Can unmarried couples go to family court?
  In some live-in relationship cases, yes (e.g., for maintenance or custody).
• Can decisions of Family Court be appealed?
  Yes, you can appeal to the High Court.
• How long does a case usually take?
  It depends, but the law aims to speed up the process—sometimes resolved in months.
• What documents are required for filing in Family Court?
  Depends on the case: marriage proof, income documents, child birth certificate, etc.