Content text Family law 1- breaking families :)
Diya Kansal BBA LLB A breaches, consumer complaints Governing Laws Primary civil laws such as Contract act, HMA, Specific Relief Act Primary criminal laws like IPC Section 3: Establishment of Family Courts Establish a family court for every area in the state comprising of city or town whose population exceeds 1 MIL 3(2): Territorial Jurisdiction It took a long time for the courts to be established in many parts of the country. In 16 states and Union territories, family courts not set up till 2005 Financial and space constraints: Opposition from lawyers as they deemed lawyers unnecessary. 1. Strict provision of CPC, CrPc, and Indian Evidence Act do not apply to Family courts (Section 10(3)) 2. Mediation and conciliation for parties are compulsory in any matrimonial dispute, the personal appearance of the parties is mandatory 3. Role of lawyers as Amicus Curiae (section 13) 4. Family courts also exercise jurisdiction over muslim women’s rights after their divorce Section 9: Duty of Family court to make effort for settlement Shall endeavour to assist and persuade the parties in arriving at a settlement in respect of the subject matter of the proceeding. If it appears to the family court that there is a reasonable possibility of a settlement between parties, they may adjourn the proceedings for such period as it thinks fit to enable attempts to be made to effect such a settlement. Section 10: Procedure generally