ABSTRACT
In India there are many cases dealing with a broad spectrum of issues such as family matters and property which continue for generations. Such cases continue for long periods of time, ranging from 7 to 20 years. In such a scenario, the directing of cases to different courts setup according to their purpose ensures their speedy disposal and ensures that the case is dealt by with experts in the courts more effectively. In India as per studies conducted in Mumbai and Delhi, 40 percent of marriages are heading towards divorce. There are many issues for family disputes and divorce such as alimony and misuse of provisions like Sec 498A of IPC, and Sec 125 of CrPC, and Protection of Women from Domestic Violence Act, etc. These controversial topic cause harassment to family set-up and their members and further the personal issues get intertwined with the legal issues may lead to the unnecessary prolonging of the disposal of cases. The Family Courts Act, 1984 was part of the trend of legal reforms concerning family disputes in India. This act was enacted to establish family courts in every state to promote conciliation and to secure speedy settlements of family disputes and disputes relating to marriage. The most important feature regarding proceedings before this family court are that the family disputes are first referred to conciliation proceedings and only if it fails to resolve the issue successfully, then is the matter referred to trial by the court. This chapter focuses on the various beneficial aspects of family courts in reconciling the family disputes and also the drawbacks in its effective functioning.
