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 (they can be set up in smaller places too).
• Judges are trained to handle sensitive family issues.
• The court encourages settlement and mediation before giving judgement.
• 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

1. What is a Family Court?
   A special court to deal only with family matters like marriage, divorce, child custody, and maintenance.
2. Why was this Act made?
   To ensure quick and sensitive handling of family disputes outside the usual formal court setup.
3. Which cases are handled in Family Court?
   • Divorce and separation
   • Child custody or guardianship
   • Maintenance/alimony
   • Family property disputes
   • Legitimacy of children
4. Do all cities have Family Courts?
   Family Courts must be set up in cities with more than 10 lakh (1 million) populations but can be set up in smaller cities too.
5. 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.
6. Are Family Court proceedings public?
   No, they are private, not open to the public, to protect personal and family dignity.
7. Is mediation allowed in Family Court?
   Yes, courts encourage settlement through mediation before giving judgement.
8. Can women file cases in Family Court?
   Yes, women can file cases for maintenance, custody, divorce, and protection of rights.
9. Can child custody be decided here?
   Yes, Family Court decides who will get custody based on the child’s welfare.
10. Are judgements given quickly?
    Yes, the Act aims to speed up family-related cases compared to regular civil courts.
11. What if both parties agree to settle?
    The court will record the settlement and close the case peacefully.
12. Is counselling given in Family Court?
    Yes, courts may refer couples to counsellors or psychologists for advice and possible reconciliation.
13. Is maintenance decided here?
    Yes, Family Court decides on monthly maintenance for wives, children, or parents.
14. Can grandparents use Family Court?
    Yes, in some cases, like child custody or property issues, they can file petitions.
15. Can a second marriage be challenged here?
    Yes, if the first marriage still exists, the second can be challenged as illegal.
16. Can a husband seek custody of children?
    Yes, custody is based on what is best for the child, not gender.
17. Can unmarried couples go to family court?
    In some live-in relationship cases, yes (e.g., for maintenance or custody).
18. Can decisions of Family Court be appealed?
    Yes, you can appeal to the High Court.
19. How long does a case usually take?
    It depends, but the law aims to speed up the process—sometimes resolved in months.
20. What documents are required for filing in Family Court?
    Depends on the case: marriage proof, income documents, a childbirth certificate, etc.