The Family Courts Act, 1984 was introduced to provide a specialized judicial mechanism for the speedy resolution of family disputes in a conciliatory manner, reducing the adversarial nature of traditional litigation. Inspired by recommendations from the Law Commission (59th Report, 1974) and the Committee on the Status of Women (1975), the Act aimed to create a more sensitive and informal forum for matters like divorce, maintenance, child custody, and matrimonial conflicts. It emphasizes reconciliation and counseling before adjudication, ensuring faster and less expensive justice. Family Courts follow simplified procedures, discourage strict evidence rules, and often include women judges or social welfare experts to ensure fairness. The Act mandates the establishment of Family Courts in every city or district with a population exceeding one million, though implementation has been gradual across states.
Key Provisions:
Establishes Family Courts to handle matrimonial, maintenance, and child custody disputes.
Promotes conciliation and settlement before formal trial.
Simplifies procedures, avoiding complex Civil Procedure Code (CPC) norms.
Empowers courts to appoint counselors and welfare experts.
Ensures privacy and prohibits public access to sensitive proceedings.