Explained: What are family courts in India and what are their objectives? | Knowledge News

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Explained: What are family courts in India and what are their objectives?

At present, there are about 46,000 cases pending in Delhi’s family courts. (Photo credit: Unsplash)

New Delhi: The Lieutenant Governor of Delhi VK Saxena approved the creation of 10 more family courts in Delhi. Thus, the national capital is going to have 31 family courts in total. Also, the posts of 10 Judges to head these family courts and 71 other posts including readers and stenos will be created.

At present, there are about 46,000 cases pending in Delhi’s family courts with the Rohini family court having the highest number of pending cases with 3654 and the Saket family court having the lowest number of pending cases with 1321. In the national capital, according to the data from family court headquarters in Dwarka, about 150-200 cases are registered every day and around 80 per cent of staff deputed in these courts are working on diverted capacity from various other departments.

What are family courts in India?

According to the Family Courts Act, 1984, the state governments can create family courts in consultation with respective High Courts to promote conciliation and secure speedy settlement of disputes relating to marriage and family affairs.

Also read: Delhi LG approves creation of 10 more family courts in national capital

The Act makes it mandatory for the states to create family courts for every city or town whose population is more than one million. In other regions, the states can create family courts if the respective government considers it necessary.

The 14th Finance Commission recommended the establishment of 235 family courts during 2015-2020 in districts where they were not present. Also, it urged the states to utilise enhanced fiscal space available through tax devolution (32 per cent to 42 per cent) for this end. As of July 2023, 785 family courts have been operating across the country.

Also read: Low disposal rates, rising vacancies affecting overall ability of courts to deliver justice: Report

The main objectives of family courts

The main aims behind the establishment of family courts are as follows:

  • To create a special court which will deal only with family matters. Such a court will have the expertise needed to deal with these cases quickly. Thus, expertise and expedition are two main factors in creating family courts.
  • To have a mechanism which can settle disputes related to family.
  • To provide an inexpensive solution to family problems and have an informal and flexible atmosphere in the conduct of proceedings.
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