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Voices Unheard: How Family Courts Shape The Lives Of Children




Parveen Kumar & Dr Divya Gupta


ABSTRACT


This paper is based on the child rights and protection under the role of family court is focused. Family courts in India occupy a critical position in adjudicating disputes that directly impact the lives, welfare, and future of children. Conceived as specialized forums under the Family Courts Act, 1984, now the concept of nuclear family is emerged. With these change and also due to some other factors problem in family also increased. Today filing of family related cases are on a rise. Disharmony in the family life may upset the development of children. In fact they are worse affected by this conflict. Here an attempt had been made to analyse the family court its establishment, jurisdiction, procedure etc and the challenges faced by it in protecting the rights of children and some suggestions are also put forwarded for rectifying those challenges. This paper examines the extent to which family courts fulfil their mandate of protecting children’s rights, with particular emphasis on the “best interests of the child” principle. It analyzes statutory provisions, judicial trends, procedural mechanisms, and institutional challenges. The study argues that while family courts have made notable progress in adopting a child-centric approach, systemic inefficiencies, lack of child participation, and infrastructural deficits continue to undermine their effectiveness. The paper concludes with recommendations for strengthening child-sensitive justice delivery in India.


Keywords: Family Courts, family, Child Rights, Judiciary, Constitution, Best Interests of the Child, Custody, Guardianship, India.



Indian Journal of Law and Legal Research

Abbreviation: IJLLR

ISSN: 2582-8878

Website: www.ijllr.com

Accessibility: Open Access

License: Creative Commons 4.0

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Licensing: 

 

All research articles published in The Indian Journal of Law and Legal Research are fully open access. i.e. immediately freely available to read, download and share. Articles are published under the terms of a Creative Commons license which permits use, distribution and reproduction in any medium, provided the original work is properly cited.

 

Disclaimer:

The opinions expressed in this publication are those of the authors. They do not purport to reflect the opinions or views of the IJLLR or its members. The designations employed in this publication and the presentation of material therein do not imply the expression of any opinion whatsoever on the part of the IJLLR.

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