Able OF Ontents

TABLE OF CONTENTS
Object of Study 4
Hypothesis 4
Sources of Data 4
Methodology 5
Introduction 6
Jurisdiction of Family Court 10
Powers of Family Courts 16
Procedure to be followed by the Family Courts 19
Appeal 23
Steps to follow for registering a Suit in Family Court 27
Challenges 35
Conclusion and Suggestions 36

References 46
Websites: 46
Books: 46
OBJECT OF STUDY
This researcher in this research work intends to learn about the ways matrimonial
trials are handled in India and how can the process be converted into a speedy one.
The researcher in all his capacity will try to complete all of the objectives
mentioned above.
HYPOTHESIS
Before conducting the research, the researcher was of the opinion that people of
the whole world tend to suffer a lot for violation of their Human Rights.
SOURCES OF DATA
Primary Sources: includes acts and statutes related to offences against Public Order
Crimes.
Secondary Sources: includes opinions of jurists, journals, books, newspapers,

magazines etc.
METHODOLOGY
The methodology of the present project with includes Doctrinal techniques.
DOCTRINAL
In doctrinal method we solve any problem with the help of law. Only with the help
of legal resource, we see legal provision. We can solve any kind of problem from
legal provision. It is only based on the legal proposition. In which researcher
analyze any problem with the help of law and it is based on the only the written
material.
Doctrinal research involves analyze of case law, arranging, ordering and
systematizing legal proposition and study of legal institution through legal
reasoning or rational deduction.
In this research field work is not needed and library reference is through enough. It
is only based on library. The source of data is act judgment, legislation, and
judiciary. It is not concerned with people.
CHAPTER-(1)
INTRODUCTION
The family is universally regarded as the primary unit of society. When the
stability, faith and confidence of the members of the family are threatened by a
dispute, the law is invoked. In India, an impetus was given to the movement of
Family Courts by the recommendation of the Law Commission in its 59 th report.
Family Courts in India are based on the Family Courts Act, 1984, on the premise
that disputes within the family should be solved differently from the generally
adopted traditional courts. The objective of Family Courts is to promote
reconciliation and secure speedy settlements of disputes relating to marriage and
family affairs. The underlying idea is to provide an amicable atmosphere for
settlement. Family Courts function under the administrative control and
superintendence of the State Government or Union Territory Administration along
with the relevant High Court. These Family Courts are specialized civil courts,
which deal exclusively with dissolution of marriage; declaration of the matrimonial
status of any person; declaration of ownership of properties of the parties
concerned; interim order of injunction arising out of marital relationships;
declaration of legitimacy of any person, or guardianship of a person, or the custody
of or access to any minor; and suits or proceeding for maintenance. The Indian
judiciary, unlike its counterparts in some Western countries seems either too short-
staffed or disinterested (possibly both) in conducting systematic studies of its own
processes, save a horrified fascination with mounting figures of ‘pendency’ of
cases.1
Divorce is the ‘dissolution of a valid marriage in law’, in a way other than
the death of one of the spouses, so that the parties are free to remarry either
1
Available at: http://supremecourtofindia.nic.in/annualreport/annualreport2008-09.pdf
immediately or after a certain period of time. The Concept of divorce was
introduced in India in the latter part of the 19th century among two classes of
Christians. It was introduced for Hindus in 1955 in the form of the Hindu Marriage
Act 1955. Before the commencement of the Hindu Marriage Act 1955, there were
Acts in some of the States providing for divorce in certain circumstances, viz., the
Bombay Hindu Divorce Act (22 of 1947), the Madras Hindu (Bigamy, Prevention
and Divorce) Act (6 of 1949), and the Saurashtra Hindu Divorce Act (30 of 1952).
These Acts were repealed by Section 30 of the Hindu Marriage Act 1955. Under
the Hindu Marriage Act 1955, initially, adultery, cruelty, and desertion were not
made grounds of divorce but of judicial separation. These grounds were based on
the fault theory of divorce. At present, ‘Divorce’ is governed by different Acts 2
among different communities in India.
The Bi-Annual Report of the Delhi High Court does significantly better on
this count and supplies readers with lively infographics about the number of filings
and disposals usefully disaggregated by category.3 Again the accent here is on
displaying the current pendency of cases, and the report is instructive about little
else such as the manner in which these cases were disposed, the gender of litigants,
the amount of time cases typically take etc – data which would have bearing on the
quality and character of the justice delivery mechanism in the country. At the very
least, such data could serve as valuable aides to judicial policy making and could
even open up new enquiries into postcolonial jurisprudence, judicial process and
the sociology of law. The absence of officially produced statistics has therefore
understandably constrained the development of a legal scholarship founded on
2
Section 13 of the Hindu Marriage Act 1955; Section 27 of the Special Marriage Act 1954; Section 32 of the Parsi
Marriage and Divorce Act 1936; Section 10 of the Divorce Act 1869 and Section 2 of the Dissolution of Muslim
Marriage Act 1939.
3
Available at: http://delhihighcourt.nic.in/writereaddata/upload/Report/AnnouncementFile_3AYQRLFA.PDF.
statistics. One only has to imagine the discipline of economics in India, unfed by
officially commissioned statistics, in order to appreciate the magnitude of the
impact that a similar dearth in judicial statistics might have on scholarship. That
however is only one aspect of the matter, the other side to which is the heavy
preoccupation of Indian legal scholars, myself included, with “normative law and
doctrinal research” to the exclusion of other modes of inquiry. Upendra Baxi’s
caustic remark that “The Indian academic lawyer operates only at the cybernetic
central point of the normative legal system, namely the appellate court system 4
rings as true today as it did the day it was written 30 years ago. So a generalized
aversion towards the domain of the empirical among legal scholars has also
contributed in some measure to the neglect of jurimetrics in India.
Primarily though, jurimetrics is a field that is premised on the existence of

an entire infrastructure of IT in courts – hitherto lacking in India. Fortunately the
increasing uptake of Information and Communications Technology (ICT) among
the courts in India offers the potential of overcoming this infrastructural hurdle.
Over the past two decades the Indian state has been assembling a robust ICT
infrastructure under the agency of the National Informatics Corporation (NIC). So
far, the NIC’s engagement with the judiciary has been limited to disseminating
judgments and orders of the higher judiciary. However the decentralized
organizational setup of the NIC occasionally yields jurimetric treasures – rare
lower court websites which offer richer details than others. A case in point is the
website of the Maharashtra Judiciary upon which my research in this paper is
based The NIC has produced an exceptional website for the Maharashtra Judiciary
which provides both judgments and metadata pertaining to thousands of cases
4
Upendra Baxi, Towards a Sociology of Indian Law (New Delhi: Satvahan, 1986), 3.
decided by the lower courts in that state. By serially downloading and aggregating
information for all Mumbai family court cases from 2012-2016 I was able to arrive
at some interesting data about litigation in the family court presented in this paper.
This paper is also pitched more broadly at anyone interested in the

functioning of India’s courts. While family courts are only one small subset of the
justice delivery apparatus in India, I would argue that due to the quotidian nature of
the issues they adjudicate upon, they form one of the chief sites at which the civil
justice delivery mechanism enters into commerce with the ordinary citizen. So the
conclusions emerging from this study could be read as being more than merely
narrowly topical, and being metaphoric of the manner in which dispute resolution
takes place in contemporary India.

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TABLE OF CONTENTS

Jurisdiction of Family Court 10

Powers of Family Courts 16

Procedure to be followed by the Family Courts 19

Steps to follow for registering a Suit in Family Court 27

Conclusion and Suggestions 36

Secondary Sources: includes opinions of jurists, journals, books, newspapers,

The methodology of the present project with includes Doctrinal techniques.

Primarily though, jurimetrics is a field that is premised on the existence of

This paper is also pitched more broadly at anyone interested in the

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