Family court

1. CHENNAI
3rd Floor, ‘Creative Enclave’,
148-150, Luz Church Road,
Mylapore,
Chennai - 600 004.
Tel: +91 - 44 - 2498 4821
BANGALORE
Suite 920, Level 9,
Raheja Towers,
26-27, M G Road,
Bangalore - 560 001.
Tel: +91 - 80 - 6546 2400
COIMBATORE
BB1, Park Avenue,
# 48, Race Course Road,
Coimbatore - 641018.
Tel: +91 - 422 – 6552921
EMAIL
[email protected]
WEBSITE
www.altacit.com
Family Court
Divya Raman
Corporate Department
Altacit Global

2. CHENNAI
3rd Floor, ‘Creative Enclave’,
148-150, Luz Church Road,
Mylapore,
Chennai - 600 004.
Tel: +91 - 44 - 2498 4821
BANGALORE
Suite 920, Level 9,
Raheja Towers,
26-27, M G Road,
Bangalore - 560 001.
Tel: +91 - 80 - 6546 2400
COIMBATORE
BB1, Park Avenue,
# 48, Race Course Road,
Coimbatore - 641018.
Tel: +91 - 422 – 6552921
EMAIL
[email protected]
WEBSITE
www.altacit.com

3. CHENNAI
3rd Floor, ‘Creative Enclave’,
148-150, Luz Church Road,
Mylapore,
Chennai - 600 004.
Tel: +91 - 44 - 2498 4821
BANGALORE
Suite 920, Level 9,
Raheja Towers,
26-27, M G Road,
Bangalore - 560 001.
Tel: +91 - 80 - 6546 2400
COIMBATORE
BB1, Park Avenue,
# 48, Race Course Road,
Coimbatore - 641018.
Tel: +91 - 422 – 6552921
EMAIL
[email protected]
WEBSITE
www.altacit.com
INTRODUCTION
•A court convened to decide matters
and make orders in relation to
family law, such as custody of
children.
•First established in the United
states in 1910, when they were
called domestic relations courts.

4. CHENNAI
3rd Floor, ‘Creative Enclave’,
148-150, Luz Church Road,
Mylapore,
Chennai - 600 004.
Tel: +91 - 44 - 2498 4821
BANGALORE
Suite 920, Level 9,
Raheja Towers,
26-27, M G Road,
Bangalore - 560 001.
Tel: +91 - 80 - 6546 2400
COIMBATORE
BB1, Park Avenue,
# 48, Race Course Road,
Coimbatore - 641018.
Tel: +91 - 422 – 6552921
EMAIL
[email protected]
WEBSITE
www.altacit.com
INTRODUCTION contd…
Family courts hear all cases that relate to
familial and domestic relationships
although each country has a different
system utilized to address family law
cases, each country strives to provide
families with the best possible outcome
in family law cases. Family courts can also
issue decisions regarding divorce cases.

5. CHENNAI
3rd Floor, ‘Creative Enclave’,
148-150, Luz Church Road,
Mylapore,
Chennai - 600 004.
Tel: +91 - 44 - 2498 4821
BANGALORE
Suite 920, Level 9,
Raheja Towers,
26-27, M G Road,
Bangalore - 560 001.
Tel: +91 - 80 - 6546 2400
COIMBATORE
BB1, Park Avenue,
# 48, Race Course Road,
Coimbatore - 641018.
Tel: +91 - 422 – 6552921
EMAIL
[email protected]
WEBSITE
www.altacit.com
FAMILY COURT ACT, 1984
•Enacted with the main object of
providing easy and speedy settlement
relating to disputes concerning
marriage and family affairs.
•State may in consultation with the High
Court establish a Family Court for a city
or town whose population exceeds one
million.

6. CHENNAI
3rd Floor, ‘Creative Enclave’,
148-150, Luz Church Road,
Mylapore,
Chennai - 600 004.
Tel: +91 - 44 - 2498 4821
BANGALORE
Suite 920, Level 9,
Raheja Towers,
26-27, M G Road,
Bangalore - 560 001.
Tel: +91 - 80 - 6546 2400
COIMBATORE
BB1, Park Avenue,
# 48, Race Course Road,
Coimbatore - 641018.
Tel: +91 - 422 – 6552921
EMAIL
[email protected]
WEBSITE
www.altacit.com
WORKING
•Advocates are normally not allowed in
a Family Court and parties are required
to conduct their matters themselves.
•Judges, Marriage Counsellors and the
other clerical staff of the Family Court
assist the parties by explaining and
making them understand as to how to
file a Petition, what statements should
be made in the Petition, what a party
should do to conduct its matter etc.

7. CHENNAI
3rd Floor, ‘Creative Enclave’,
148-150, Luz Church Road,
Mylapore,
Chennai - 600 004.
Tel: +91 - 44 - 2498 4821
BANGALORE
Suite 920, Level 9,
Raheja Towers,
26-27, M G Road,
Bangalore - 560 001.
Tel: +91 - 80 - 6546 2400
COIMBATORE
BB1, Park Avenue,
# 48, Race Course Road,
Coimbatore - 641018.
Tel: +91 - 422 – 6552921
EMAIL
[email protected]
WEBSITE
www.altacit.com
WORKING contd….
•If a Party feels that he/she is
not capable to present the
matter in the Family Court,
he/she may with the
permission of the Court engage
an Advocate.

8. CHENNAI
3rd Floor, ‘Creative Enclave’,
148-150, Luz Church Road,
Mylapore,
Chennai - 600 004.
Tel: +91 - 44 - 2498 4821
BANGALORE
Suite 920, Level 9,
Raheja Towers,
26-27, M G Road,
Bangalore - 560 001.
Tel: +91 - 80 - 6546 2400
COIMBATORE
BB1, Park Avenue,
# 48, Race Course Road,
Coimbatore - 641018.
Tel: +91 - 422 – 6552921
EMAIL
[email protected]
WEBSITE
www.altacit.com
Nature of Cases
•Suits or proceedings between parties to
a marriage for a decree of restitution of
conjugal rights, judicial separation,
nullity of marriage or divorce.
•Maintenance related issues.
•For an order of injunction in certain
circumstances arising in a matrimonial
relationship.

9. CHENNAI
3rd Floor, ‘Creative Enclave’,
148-150, Luz Church Road,
Mylapore,
Chennai - 600 004.
Tel: +91 - 44 - 2498 4821
BANGALORE
Suite 920, Level 9,
Raheja Towers,
26-27, M G Road,
Bangalore - 560 001.
Tel: +91 - 80 - 6546 2400
COIMBATORE
BB1, Park Avenue,
# 48, Race Course Road,
Coimbatore - 641018.
Tel: +91 - 422 – 6552921
EMAIL
[email protected]
WEBSITE
www.altacit.com
Nature of Cases contd..
•For declaring legitimacy of any
person.
•Suits or proceedings between
parties regarding dispute about
the property.
•Guardianship or custody of any
minor or child.

10. CHENNAI
3rd Floor, ‘Creative Enclave’,
148-150, Luz Church Road,
Mylapore,
Chennai - 600 004.
Tel: +91 - 44 - 2498 4821
BANGALORE
Suite 920, Level 9,
Raheja Towers,
26-27, M G Road,
Bangalore - 560 001.
Tel: +91 - 80 - 6546 2400
COIMBATORE
BB1, Park Avenue,
# 48, Race Course Road,
Coimbatore - 641018.
Tel: +91 - 422 – 6552921
EMAIL
[email protected]
WEBSITE
www.altacit.com
UNIQUE CHARACTER
•Family courts are empowered to
formulate their own procedures but till
then they have to follow the Civil
Procedure Code.
•Evidence need not be recorded.
•Judgment can be concise with
statement of the case, points for
determining decision and reasons.

11. CHENNAI
3rd Floor, ‘Creative Enclave’,
148-150, Luz Church Road,
Mylapore,
Chennai - 600 004.
Tel: +91 - 44 - 2498 4821
BANGALORE
Suite 920, Level 9,
Raheja Towers,
26-27, M G Road,
Bangalore - 560 001.
Tel: +91 - 80 - 6546 2400
COIMBATORE
BB1, Park Avenue,
# 48, Race Course Road,
Coimbatore - 641018.
Tel: +91 - 422 – 6552921
EMAIL
[email protected]
WEBSITE
www.altacit.com
UNIQUE CHARACTER contd…
•Appeal to the High Court can be filed within
thirty days from the date of judgment, order
or decree of the Family Court.
•If the party desires, in camera proceedings
can be conducted.
•No party to a suit or proceeding under the
Family Court shall be entitled to be
represented by a legal practitioner but the
court may requisition the services of a legal
expert as amicus curae.

12. CHENNAI
3rd Floor, ‘Creative Enclave’,
148-150, Luz Church Road,
Mylapore,
Chennai - 600 004.
Tel: +91 - 44 - 2498 4821
BANGALORE
Suite 920, Level 9,
Raheja Towers,
26-27, M G Road,
Bangalore - 560 001.
Tel: +91 - 80 - 6546 2400
COIMBATORE
BB1, Park Avenue,
# 48, Race Course Road,
Coimbatore - 641018.
Tel: +91 - 422 – 6552921
EMAIL
[email protected]
WEBSITE
www.altacit.com
•Family Courts are free to evolve their
own procedure.
•Special emphasis is put on settling the
disputes by mediation and conciliation.
•The aim of these courts is to form a
congenial atmosphere where family
disputes are resolved amicably.
•The cases are kept away from the
trappings of a formal legal system.
PROCEDURES

13. CHENNAI
3rd Floor, ‘Creative Enclave’,
148-150, Luz Church Road,
Mylapore,
Chennai - 600 004.
Tel: +91 - 44 - 2498 4821
BANGALORE
Suite 920, Level 9,
Raheja Towers,
26-27, M G Road,
Bangalore - 560 001.
Tel: +91 - 80 - 6546 2400
COIMBATORE
BB1, Park Avenue,
# 48, Race Course Road,
Coimbatore - 641018.
Tel: +91 - 422 – 6552921
EMAIL
[email protected]
WEBSITE
www.altacit.com
PROCEDURE contd….
•Disputes are first referred to conciliation and
only when the conciliation proceedings fail to
resolve the issue successfully, the matter
taken up for trial by the Court.
•The Conciliators are professionals who are
appointed by the Court.
•Once a final order is passed, the aggrieved
party has an option of filing an appeal before
the High Court. Such appeal is to be heard by
a bench consisting of two judges.

14. CHENNAI
3rd Floor, ‘Creative Enclave’,
148-150, Luz Church Road,
Mylapore,
Chennai - 600 004.
Tel: +91 - 44 - 2498 4821
BANGALORE
Suite 920, Level 9,
Raheja Towers,
26-27, M G Road,
Bangalore - 560 001.
Tel: +91 - 80 - 6546 2400
COIMBATORE
BB1, Park Avenue,
# 48, Race Course Road,
Coimbatore - 641018.
Tel: +91 - 422 – 6552921
EMAIL
[email protected]
WEBSITE
www.altacit.com
DRAWBACKS OF FAMILY COURTS
•In many family courts the
counsellers are changed very
frequently. People find it difficult
to repeat their case to new
counsellers.
•It doesn’t explicitly empower
Courts to grant injunctions to
prevent domestic violence.

15. CHENNAI
3rd Floor, ‘Creative Enclave’,
148-150, Luz Church Road,
Mylapore,
Chennai - 600 004.
Tel: +91 - 44 - 2498 4821
BANGALORE
Suite 920, Level 9,
Raheja Towers,
26-27, M G Road,
Bangalore - 560 001.
Tel: +91 - 80 - 6546 2400
COIMBATORE
BB1, Park Avenue,
# 48, Race Course Road,
Coimbatore - 641018.
Tel: +91 - 422 – 6552921
EMAIL
[email protected]
WEBSITE
www.altacit.com
•Since the Family Court has restrictive
jurisdiction and does not have the power to
decide issues of contempt, people do not
seem to take the court as seriously as they
would a magistrate or a city civil court.
•Different High Courts have laid down
different rules of the procedure. However,
this lack of uniformity could also be one of
the reasons behind the fact that family
disputes are still being heard by civil courts.
DRAWBACKS OF FAMILY COURTS
contd…

16. CHENNAI
3rd Floor, ‘Creative Enclave’,
148-150, Luz Church Road,
Mylapore,
Chennai - 600 004.
Tel: +91 - 44 - 2498 4821
BANGALORE
Suite 920, Level 9,
Raheja Towers,
26-27, M G Road,
Bangalore - 560 001.
Tel: +91 - 80 - 6546 2400
COIMBATORE
BB1, Park Avenue,
# 48, Race Course Road,
Coimbatore - 641018.
Tel: +91 - 422 – 6552921
EMAIL
[email protected]
WEBSITE
www.altacit.com
DRAWBACKS OF FAMILY COURTS
contd…
•Many of the family courts insist on
parties engaging advocates. This defeats
the purpose of family courts.
•Substantive law cannot be ignore in
family courts since may of the husbands
take the advantage of going to family
courts to avoid giving maintenance to
wife and children.

17. CHENNAI
3rd Floor, ‘Creative Enclave’,
148-150, Luz Church Road,
Mylapore,
Chennai - 600 004.
Tel: +91 - 44 - 2498 4821
BANGALORE
Suite 920, Level 9,
Raheja Towers,
26-27, M G Road,
Bangalore - 560 001.
Tel: +91 - 80 - 6546 2400
COIMBATORE
BB1, Park Avenue,
# 48, Race Course Road,
Coimbatore - 641018.
Tel: +91 - 422 – 6552921
EMAIL
[email protected]
WEBSITE
www.altacit.com
CONCLUSION
Once the drawbacks prevailing in respect
to the Family Courts are overcome, the
Family Courts can act as effective means
to adjudicate familial issues congenially.
Effective laws (or even amendments)
need to be made to make it more
coercive on the accused.

18. CHENNAI
3rd Floor, ‘Creative Enclave’,
148-150, Luz Church Road,
Mylapore,
Chennai - 600 004.
Tel: +91 - 44 - 2498 4821
BANGALORE
Suite 920, Level 9,
Raheja Towers,
26-27, M G Road,
Bangalore - 560 001.
Tel: +91 - 80 - 6546 2400
COIMBATORE
BB1, Park Avenue,
# 48, Race Course Road,
Coimbatore - 641018.
Tel: +91 - 422 – 6552921
EMAIL
[email protected]
WEBSITE
www.altacit.com