How Family Law Case Is Heard In India?

The Family Courts Act Of 1984, Which Was Passed To Establish A Dedicated Forum For The Settlement Of Family-Related Disputes, Governs Family Court Proceedings In India. These Courts Were Set Up To Handle Family-Related Cases, Including Divorce, Child Custody, Support, And Adoption. The Protocols Of Indian Family Courts Are Established To Guarantee Impartiality, Privacy, And Prompt Settlement Of Familial Conflicts.

Family Law Case: About

A Family Law case Is A Kind Of Civil Case, Although It Usually Involves Problems With Spouses, Parents, And Children. Many Different Types Of Cases Concerning Domestic Matters Are Handled By Family Courts.

Hearing Procedure In Family Law Case

Recognizing The Proper Jurisdiction:

Marriage, Divorce, Judicial Separation, Restitution Of Conjugal Rights, Child Custody And Guardianship, Adoption, Maintenance, Property Disputes, And Other Issues Pertaining To Families Fall Under The Jurisdiction Of Family Courts.
It Is Noteworthy That Family Courts Lack Jurisdiction Over Cases Pertaining To Testamentary Or Property Succession.

Presenting A Case In The Court:

The First Step In Starting A Family Conflict Case Is To File A Petition In The Appropriate Family Court. The Party Who Files The Lawsuit Is Known As The Petitioner, And The Person Being Sued Is Known As The Respondent.
The Petitioner Must Submit A Petition Outlining The Case's Facts, The Relief Being Requested, And Any Other Pertinent Information.
The Grounds For Divorce Must Be Specified In The Divorce Petition In Cases Of Divorce.

Mediation And Counselling In Court

The Respondent Will Be Required To Appear Before The Family Court Judge When They Get A Summons From The Court. As Mentioned Before, The Courts Are Required By Section 9 Of The Act To Attempt To Resolve Disputes. As A Result, The Judge Would Refer The Parties To The Counsellor At The Outset Of The Counselling Process.
The Goal Is To Prevent Things From Getting Worse And To Provide The Couple More Control In The Event That They Decide To Reconcile.
The Minutes Of The Talks Between The Couples Who Are Seeing Them For Counselling Will Surely Be Revealed By The Counsellors. A Report From The Counsellor Indicating If The Settlement May Be Shown Up Will Be Sent.

Counter-Statement By The Parties

The Matter Is Returned To The Court If Alternative Dispute Resolution Techniques Are Unable To Resolve It.
The Act's Section 10(3) Gives The Family Court Judge Plenty Of Power To Help The Parties Even Further.

Presenting Of The Evidence

Following The Conclusion Of The Pleadings On Both Sides, The Petitioner Is Contacted. Testimony Concludes The Petitioner's Primary Examination. Under The Judge's Watchful Eye, The Petitioner And Respondent Will Document The Evidence Pertaining To Their Appeal. The Procedure For Recording Evidence Is Outlined In Sections 15 And 16 Of The Act.

Section 15: A Family Court Does Not Need To Keep A Record Of The Oral Testimony In Order To Document The Testimony Of Witnesses. Ultimately, Only That Portion, Which Is Marked With The Suit Or Ongoing, Is Sufficient, And Both The Witness And The Judge Should Sign It.
Section 16: Formal Evidence On The Affidavit. When An Individual Provides Accurate Testimony, Their Evidence Can Be Admitted Into Evidence In Any Litigation Or Proceeding Overseen By A Family Court, With All Reasonable Exclusions Being Considered.

Cross Examination Of Witnesses

Cross-Examination Between The Petitioner And Respondent Is Permitted To Dispute The Other Party's Comments And Disprove Assertions And Evidence Made In Court.
The Parties Can Help Their Attorney Get Ready For The Cross-Examination And Recording Of Evidence.

Court-Passed Order And Decree

After Hearing The Opposing Arguments, The Court May Postpone The Case To Issue A Decision And Order That Will Allow Or Excuse The Appeal While The Court Keeps A Close Eye On The Situation.
The Family Court Might Hold Its Proceedings With Cameras In The Room. According To Section 11 Of The Act, If The Court Determines It Is Necessary Or If Any Party To The Suit Requests It, Family Court Proceedings May Be Conducted In Secret.
Family Courts Don't Record Witnesses' Lengthy Testimony Since They Operate With Less Formality. Only The Witness's Evidence Is Recorded And Linked To The Subject. Any Report, Statement, Or Document Related To The Subject Is Admissible Under The
Indian Evidence Act Of 1872, As Stated By Section 14 Of The Act.

These Days, Family Court Hearings can Take A Long Time, Especially If Both Parties Follow The Court's Orders And File Their Claims Within The Allotted Time Limits. This Is Especially True During The Counselling Phase And The Final Hearing. Interim Applications For Child Custody, Maintenance Relief, Or Objections To Interim Decisions Are Among The Various Reasons That Can Cause Delays. Family Courts Were Established As A Proactive Step To Ensure Effective Justice Delivery And Reduce Case Backlogs.

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