Download Bare Act of the Family Courts Act, 1984 (PDF version)

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Introduction

The Family Courts Act, 1984 is a small but very powerful law made by Parliament on 14 September 1984. It created special “Family Courts” across India so that family problems are solved with care, speed and less bitterness. Normal civil courts follow strict rules and take years. Family courts are different – they are friendly, private, and focus on saving the marriage wherever possible. As of December 2025, almost every district (or group of districts) in India has at least one family court. Big cities like Delhi, Mumbai, Bangalore and Chennai have many branches.

Scope & Objective of the Act

The law wants family disputes to be settled with love, understanding and quick justice. Main goals are:

• Reduce pain and public shame in family fights

• Encourage reconciliation (getting husband-wife back together)

• Give fast and inexpensive justice

• Use counselling and mediation instead of only court battles

• Protect women and children the most

The Act covers the whole of India except Jammu & Kashmir till 2019; now it covers J&K also.

Key Definitions – Explained with Real-Life Examples

• Family Court: A special court made only for family matters. Example: Priya from Pune files for divorce. Her case goes to Pune Family Court, not the regular civil court.

• Party: Husband, wife, child, parents or any person in the case. Example: In a maintenance case, wife = applicant party, husband = respondent party.

• Proceedings: All steps inside the family court – filing, counselling, evidence, judgment. Example: Everything from first hearing to final order is called “proceedings”.

• Prescribed: Rules made by the High Court or State Government. Example: Delhi High Court says filing fee is ₹500 for maintenance – that is “prescribed”.

Applicability of the Law – Who Can Use Family Courts?

Any person living in the area where a family court is set up can file these types of cases:

• Divorce or judicial separation

• Restitution of conjugal rights (asking spouse to come back and live together)

• Declaration that marriage is null or void

• Maintenance (monthly money) for wife, children, parents

• Child custody and visitation rights

• Property disputes between husband and wife

• Injunctions (court orders to stop harassment)

• Cases under Domestic Violence Act, 2005

• Guardianship of minor children

Good news: Even if you live in a city without family court, magistrates now follow family court rules in many places (2025 amendment).

Important Provisions of the Family Courts Act, 1984 – Step-by-Step Explained

1. Section 3 – Establishment of Family Courts State Government must set up one or more family courts in cities/towns with population > 10 lakh, and wherever needed.

2. Section 4 & 5 – Appointment of Judges Judges are chosen with help from High Court. Preference is given to women judges or judges who understand family problems and counselling.

3. Section 6 – Counsellors & Welfare Experts Every family court has trained counsellors (psychologists, social workers). Real example: Before starting divorce hearing, court sends Raj and Neha to counsellor for 3–4 sessions to try and save the marriage.

4. Section 7 – Jurisdiction (Power of the Court) Family court has power of both civil court and magistrate court. It can decide all the above family matters exclusively.

5. Section 9 – Duty to Make Efforts for Settlement This is the heart of the Act.

   • First, court tries reconciliation.

   • Sends couple to counsellor.

   • If both agree, case ends with mutual consent terms. Example: In 60–70 % maintenance cases in Mumbai Family Court, couples settle after counselling and avoid long fights.

6. Section 10 – Procedure is Simple & Flexible

   • No need for expensive advocates (you can argue yourself).

   • Court follows simple procedure, not strict Civil Procedure Code.

   • Evidence can be given by affidavit (written sworn statement).

   • Court can call any person for questioning to find truth.

7. Section 11 – Proceedings are Private (In-Camera) Only parties, lawyers and counsellors can stay inside courtroom. Public and media not allowed. This saves family honour of families.

8. Section 12 – Help from Experts Court can take help from medical experts, child psychologists or welfare agencies.

9. Section 13 – Right to Legal Aid Poor persons get free lawyer from Legal Services Authority.

10. Section 14 – Evidence Flexibility Court can accept any document or statement that helps justice, even if not allowed in normal courts.

11. Section 15 – Appeal Time Reduced Appeal against family court order must be filed within 30 days only (normal civil appeal is 90 days).

12. Section 19 – Execution of Orders Maintenance or custody orders can be enforced like magistrate orders – non-payment can lead to jail.

2025 Practical Tips for You

• File petition online in many states (Delhi, Maharashtra, Karnataka, Tamil Nadu have e-filing).

• First hearing usually within 30–60 days.

• Most courts finish maintenance cases in 6–12 months, divorce in 1–2 years.

• Counselling is free and compulsory in first stage.

• No court fee in many states for domestic violence or maintenance below certain amount.

The Family Courts Act, 1984 is truly a “healing court, not just a fighting court. It believes many marriages can be saved, and even if not, families should separate with dignity and respect. If you are facing any family problem, walk into the nearest family court or file online – justice here is faster, cheaper and more caring.