Family Courts Act was enacted in India in 1984 with a view to promote conciliation in and to secure speedy settlement of disputes relating to marriage and family affairs and for matters connected therewith.
The need to establish Family Courts in India was first emphasized by late Smt. Durgabai Deshmukh and was stressed by several social welfare organisations and women’s associations for speedy settlement of family disputes. The first Family Court was established in Rajasthan on 11 November 1985.
Setting up of Family Courts and its functioning lies within the domain of State Government in consultation with their respective High Courts. The Family Courts Act, 1984 provides for the establishment of Family Courts by the State Governments in consultation with the High Courts to promote conciliation and secure speedy settlement of disputes relating to marriage and family affairs. As per the Act, it is mandatory for the State Government to set up a Family Court for every city or a town whose population exceeds one million. In other areas of the States, the Family Courts may be set up if the State Governments deems it necessary.
The Family Court shall exercise jurisdiction with respect to:
- a suit or proceeding between the parties to a marriage for a decree of nullity of marriage (declaring the marriage to be null and void or, as the case may be, annulling the marriage) or restitution of conjugal rights or judicial separation or dissolution of marriage;
- a suit or proceeding for a declaration as to the validity of a marriage or as to the matrimonial status of any person;
- a suit or proceeding between the parties to a marriage with respect to the property of the parties or of either of them;
- a suit or proceeding for an order or injunction in circumstances arising out of a marital relationship;
- a suit or proceeding for a declaration as to the legitimacy of any person;
- a suit or proceeding for maintenance of wife, children and parents;
- a suit or proceeding in relation to the guardianship of the person or the custody of, or access to, any minor.
As on May 2024, there are 836 Family Courts functional across India and 37 Family Courts are functional in Kerala.