Exploring The Evolution Of Family Courts: An Analysis Of The Family Courts Act

Exploring The Evolution Of Family Courts: An Analysis Of The Family Courts Act, Challenges And Future Vision

Khushi Kafre, B.A.LL.B. (Hons.), Maharashtra National Law University, Nagpur

ABSTRACT

The research analyses the Family Courts Act, 1984 that led to the establishment of Family Courts in the country. The purpose of this paper is to assess the efficacy of Family Courts through a deeper exploration of the Act's aim and objective, structure, functioning, and implementation. By examining Supreme Court and High Court judgements related to Family Courts, this paper evaluates the role of family Court Judges, counsellors, and other stakeholders in resolving disputes within families. This research reveals that despite providing justice to families in need, existing Family Courts suffer from several structural and functional challenges such as inadequate resources, gender-sensitive issues, poor infrastructure etc. These challenges further impede their ability to deliver efficient justice. Therefore, this paper provides a set of valuable recommendations for improving the efficacy of Family Courts such as strengthening infrastructure facilities, organizing mandatory training programmes for stakeholders, uniformity in rules etc. By implementing these recommendations effectively, it is possible to create a more accessible and effective system that can ensure justice for families across India.

Keywords: The Family Courts Act, 1984, Family Courts in India, Function of Family Courts, Mediation.