Analysis of Procedure of Family Court 2018-2023

ANALYSIS OF PROCEDURE OF FAMILY COURT

A PROJECT REPORT

Submitted by

BHAVYA GUPTA

(BAL/026/18)

Of

BA.LL.B (Hons.)

DHARMASHASTRA NATIONAL LAW

UNIVERSITY
Under the guidance of

Ms. Mrinalini Srivastava

Assistant Professor of Law

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Analysis of Procedure of Family Court 2018-2023

ACKNOWLEDGEMENT

Many people have contributed to this project work by their physical & intellectual support. First
I would like to thanks to my supervisor & promoter Ms. Mrinalini Mam for her support & ideas
in writing this report. She guided me very well during my studies & preparation of this report. A
special thanks to Mrs. Sristi mam & Ms. Swati mam for their kind support. Many thanks to my
HOD Mr. V S Gigimon sir for his support during the difficulties we faced. Also I would like to
thanks my mentor Mr. Ashutosh sir & my class teacher Mr. Utkarsh sir for their cooperation
and kind support. I would also like to thanks the officials and staff at Family Court, Jabalpur.
Finally I express my deep gratitude & love to my parents for their never ending support in my
work.

BHAVYA GUPTA

(BAL/026/18)

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Analysis of Procedure of Family Court 2018-2023

ABSTRACT

The overall purpose of this project is to analyze the cases at Family Court. For doing this, I have
visited the Family Court, Jabalpur. Also I have taken intvw. of lawyers, party (to get the
information abt. their cases). I came across different types of cases, their respective laws. Also I
came across the various reason for divorce in various Indian personal laws. For studying the
cases, I get all the information from the very beginning. I found that various cases are pending
before the court because of inefficient administration. Some parties are not present before the
court on the date of hearing. So there cases are still pending. There should be strict laws for this.
The data collected is of both the type i.e. primary & secondary. Therefore it is quite interesting to
know abt. the procedure of Family Court, Jabalpur. This project will enhance the knowledge of
the readers about the procedures, function, cases dealt with Family Court.

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TABLE OF CONTENT

Sr. No. Chapter No. Page No.

1 Acknowledgement 02
2 Abstract 03
3 Table of Content 04
4 Abbreviation 05
5 Chapter 1 06- 07
6 Chapter 2 08-09
7 Chapter 3 10-11

8 Chapter 4 12-15
9 Chapter 5 16-17

10 Chapter 6 18-19
11 Bibliography 20

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Analysis of Procedure of Family Court 2018-2023

ABBREVIATION

 & - and
 Govt. - Government
 i.e. - that is
 Cr.P.C.- Criminal Procedure Code
 No. - Number
 Intvw. – Interview
 Adv. – Advocate
 Abt. - About

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CHAPTER 1
1.1 INTRODUCTION
Family Court
Family Court is established under the Family Court Act, 1984 to provide with a view to
promote conciliation & secure speedy settlement of family related disputes.
In this Act, unless the context otherwise requires,
(a) "Judge" means the Judge or, as the case may be, the Principal Judge, Additional
Principal Judge or other Judge of a Family Court;
(b) "Notification" means a notification published in the Official Gazette;
(c) "Prescribed" means prescribed by rules made under this Act;
(d) "Family Court" means a Family Court established under section 31;
(e) all other words and expressions used but not defined in this Act and defined in the Code of
Civil Procedure, 1908 (5 of 1908) shall have the meanings respectively assigned to them in that
Code.

Section 3 of Code of Civil Procedure, 1908 deals with the subject of 'Subordination of courts'
for the basis of this Act.
Family court is a delegation of authority from the states’ superior court, which is tasked to hear
matters related to specific law, such as divorce and child custody. Family courts specifically
handle family law matters. These are civil courts and they may be utilized for various types of
family related problem. A family court judge presides over the court and is trained to handle
different family law related issues.
The Family Court are allowed to develop their own standard od system, & once a Family Court
does as such, the principles so encircled supersede the tenents of methodology mulled over under
the Code of Civil Procedure. Truth be told, the Code of Civil Procedure was changes with the
end goal to satisfy the reason behind setting up the Family Court.

1.2 IMPORTANCE
This project aims at the study of procedures, functioning, cases, subject matter of family court,
jurisdiction, rules and regulations of family court. This project provides in-depth knowledge
about the cases, impact of Supreme Court judgment on these cases. Also this project deals with
the reasons of certain issues dealt with family court. It also provides the perspective of lawyers,
judges and parties regarding the increase in family related issues like divorce cases, domestic
violence cases, custody of child cases. This project gives the reason behind the pending
litigations or suits in the court.
1.3 FAMILY COURT, JABALPUR
1
Section 3 of Cr.P.C.

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The Family Court of Jabalpur was established on 6th August 2011.

Judicial Officials:
1. Hridesh , Principal Judge, Family Court
2. Narendra Pratap Singh, I Additional Principal Judge, Family Court
3. Sunil Kumar Shrivastava, II Additional Principal Judge, Family Court

1.4 RESEARCH QUESTIONS

Q1. What are the common faults grounds for divorce available under the various Indian personal
laws?
Q2. Why so many litigations are pending?
Q3. Is procedure of family court is suitable for domestic violence victim?

1.5 RESEARCH OBJECTIVE

The objective of this study is to find out the basic functioning, procedures at the Family Court.
Also to get the information about filing of a case, methods adopted & various laws. The motive
is to analyze the functioning & procedures.

1.6 OBSERVATION
My experience in court clearly showed me how troublesome it is to make authentic change in
these problematic lives. Family Court is chaotic; the situation are so personal & soul-stirring.
Although I think the court did what it could give the resources & choices it had, this examination
demonstrate very strikingly that many court decisions are not a firm decision for most families
but the beginning of a cycle that leaves children & parents feeling very disempowered & isolated
from society’s problem-solving procedures.
By my observation, Family Court is entirely different from other courts. It is much more
i
confidential & the parties are aware that the result have great impression on the people involved
in this. Overall, I saw what I was predicted to see & it was very sad. Regrettably, there are so
many cases & not that much time; it seems virtually beyond the bound of possibility to make
sure that every outgrowth is the right thing. It is a human & empathic court because it has to be.

CHAPTER 2
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2.1 HISTORY OF FAMILY COURT

Late Durgabhai Deshmukh initiated the movement to establish a family court in India. She was
the noted social worker from Maharashtra. When she visited China in 1953, she had the
opportunity to study the working of family courts. The she discussed this subject with some
specific judges and legal experts and then she made a proposal to set up family court in India to
the then Prime Minister Jawaharlal Nehru.
The Law Commission, in its fifty fourth report on the Code of Civil Procedure strongly put
forward the need for special handling of matters related to divorce. Resulting to these
recommendations, the Code of Civil Procedure of 1908 was modified, and Order 32-A was
assimilated in the Code of Civil Procedure in 1976.
Though the women in India necessitate the establishment of family courts in 1975, the govt. of
India took ten years to pass the obligatory legislation. Finally, the Family Court Act was
passed in 1984 and as embraced by all.
The reason & point of building up the Family Courts is to secure & save the establishment of
marriage & accommodate settlement of question by mollification. The family Court Acts reaches
out to the entire India aside from the state of Jammu & Kashmir.
Each State Govt. after interview with the High Court sets up in each territory in the express, a
Family Court. At least one judges head it & inclination is given to ladies judges.

2.2 TYPES OF CASES DEALT WITH FAMILY COURT

The most usual subject handled at family court involve:
 Marriage dissolution
 Paternity an child custody
 Protection orders against domestic violence
 Name changes
 Guardianship
 Termination of parental rights and adoption
 Juvenile matters
 Emancipation and approval of underage marriages

2.3 CASES
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 Amit v Poonam ( Divorce )

 Dalbir v Sarbjeet ( Divorce )
 Priyambda Srivastava v Aviral Srivastava ( Divorce )
 Suman Lata v Shiv Poojan sharma ( Custody of children )
 Rajni Patel v Shanker Patel ( Increase in maintenance )
 Rajesh Kapoor v Rekha Kapoor ( Divorce )
 Princy v Aashish ( Divorce )
 Shirish Devakar v Kirti Devakar ( Divorce)
 Chandra Singh v Neha Singh
 Bhagwati Devi v Neela Bai Gupta ( Custody of child)

CHAPTER 3

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3.1 RESEARCH METHODOLOGY

I use Observation as a research tool for my project & also I have taken few interview of lawyers,
parties involved in their respective case.
Procedure of how to file divorce case in family court
1) Petition for divorce: Respective lawyer drafts the divorce petition & file the case before
the court defining the reason for the same. Cruelty, desertion, conversion to other
religion, insanity & adultery are the reason for divorce according to Section 13 of Hindu
Marriage Act.
2) Notice of Petition: After presenting the case before the court, notice of petition is given to
other party to inform them about the same and to tell about further proceeding.
3) Reply to the Petition of Divorce: After knowing about the petition of divorce, the
opposite party files a reply which is known as written statement.
4) Counselling: The judge refers the case to mediation so that it can be settle down
peacefully. If the case is settle down by mediation then the petition is withdrawn or it is
converted into mutual consent divorce.
5) Interim Applications:-If the matter is not resolved by mediation then the court decides
the interim application which is related to maintenance, custody of child (if any).
6) Evidence of Petition: After deciding the interim application, court cross check the
petitioner & witness.
7) Evidence of Defendant: After checking petitioner, the court examines & cross check the
defendant and witness.
8) Decision: Now the court arrives at the decision of granting the divorce & other issues
related to maintenance, custody of child etc.

3.2INTERVIEW
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I have taken intvw. of Adv. Sauman Mukherjee at Family Court.

1) Is women misuse domestic violence act?
Ans Yes, in these days women misuse these acts in their favour.
2) Do you think lawyers rely on fake evidences?
Ans No, it is completely wrong to rely on fake evidences.
3) Is domestic violence cases is increasing or decreasing?
Ans Increasing due to lack of intolerance, maturity, understanding, marriage in young age, etc.
4) Why so many cases are pending?
Ans Lack of judges, no. of court should increase, etc.
5) What is the cooperation of judges while dealing with the case?
Ans Neutral cooperation of judges
6) Is court is biased towards women in dealing with the cases of domestic violence?
Ans Yes, court is biased towards women under 7 years of marriage because when this act pass
there were many issues related to this.
7) What do you think about the cases that they should be resolve through mediation or
brought into court?
Ans Family dispute should be resolve through mediations & counselling
8) How do you feel when you win a case?
Ans The feeling is amazing, they are happy for their client.
9) Do you think law gives justice or injustice?
Ans Law definitely gives justice, truth always make you win
10) How do you decide child’s best interest in a custody case?
Ans After talking to child what he/she wishes, then only decision has been taken.

CHAPTER 4

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4.1 ANALYSIS OF CASES

 AMIT v POONAM
Amit from Ludhiana & Poonam from Jabalpur were married on 23 rd of December, 2013. After
some time of their marriage, dispute arises between them. Poonam said that her husband is
mentally torturing her & Amit is denying this.
Since 2015, they are living separately, Poonam is living in her parental house and then Poonam
files divorce case stating the same reason mention above.
The judge consider the Supreme Court judgment of case 4417 (Amardeep Singh v Harveen
Kaur) where the court dealing with a matter is satisfied that a case is made out to waive the
statutory period under section 13B (2), it can do so after considering the following:
1. The statutory period of 6 months is specified in section 13B(2), in addition to the
statutory period of one year under section 13B(1) of separation of parties is
already over before the first motion itself;
2. All efforts or mediation/conciliation including efforts in terms of order of
XXXIIA Rule 3 CPC/Section23(2) of the Act/Section 9 of the family courts acts
to reunite the parties have failed & there is no likelihood of success in that
direction by an further efforts;
3. The parties have genuinely settled their differences including alimony, custody of
child or any other pending issues between the parties;
4. The waiting period will only prolong their agony.2
Hindu Marriage Act (25 of 1955) states Divorce from mutual consent. It is mutual consent
divorce, there is no dispute of alimony & child custody because they have no child & the wife
have got Rs5 Lakh as alimony.
JUDGEMENT: The court has given another date of 12th of November, 2018. The court will
give decision on that day.
 DALBIR v SARBJEET
Dalbir and Sarbjeet are a married couple and Dalbir files a case of divorce on the grounds
of domestic violence, mental torture & physical abuse.
She also states that her in-laws treats her very bad & abuses her very much.
On our day of visit, there were cross examinations of evidences of the defendant i.e.
Sarbjeet.
JUDGEMENT: As the other party was absent, court directs them another date & will
give judgment on next hearing.
 PRIYAMBDA SRIVASTAVA v AVIRAL SRIVASTAVA

2
Taken from Supreme Court judgement, Case no. 4417

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Priyambda and Aviral are a married couple & Priyambda files a case of divorce stating
the ground of domestic violence which is refused by Aviral.
He also does not divorce as he want to continue his married life.
Also, Priyambda wanted maintenance for the time of case but this was refused by court
stating that she is self-earning woman. On the day of visit they need to submit the reply
as told by his lawyer Mr. S B Chaudhary.

JUDGEMENT: As the other party was absent, the court has given them another formal
date of hearing.

 SUMAN LATA v SHIV PUJAN SHARMA

Suman and Shiv Pujan Sharma are a married couple but they are living separately from
last three years because her husband mentally and physically torture’s her as stated by
Suman. Their children daughter Priyanka aged 18 years & son Rohan aged 12 years are
living with their father.
Suman filed a case of custody of her children under Section- 10 of guardianship Act of
1890.

JUDGEMENT: As the other party i.e. Shiv Pujan Sharma was absent, the court gives
another formal date of hearing.

 RAJNI PATEL v SHANKER PATEL

Rajni Patel & Shanker Patel are a married couple who are living separately without
divorce stating the reason of mental torture by Rajni as told by her lawyer Mr. Siddhart
Srivastava.
When Rajni files the case for the first time, her husband told her that he will not commit
this mistake again in future, so Rajni starts living with her husband again. But after
sometime he starts doing all this again. Then she starts living separately from her
husband & demanded the maintenance, Shanker gives her thousand rupees per month.
Soon after the birth of a baby girl she demanded increase in her maintenance. So she files
the case of increase in maintenance.

JUDGEMENT: As other party i.e. Shanker was absent, the court give another formal
date of hearing i.e. 19th of November, 2018.

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 RAJESH KAPOOR v REKHA KAPOOR

Rajesh Kapoor aged 49 & Rekha Kapoor aged 47 are a married couple. They have two
kids daughter named Monika aged 19 & a son named Himanshu aged 15. In December
2017, Rajesh came to contact with a widow named Kushinwa Kaur through facebook
who is also having two kids. Soon they start feeling for each other and Rajesh starts
dating her.
In June 2018, Rajesh throw out her wife & kids out of the home and took Kushinwa at his
place. He is also giving maintenance charge i.e. Rs5000 in total, but this is not enough to
handle a rented house , school fees, other household stuff. So his daughter is working in a
jewellery shop to regulate the house. But they don’t want their parents’ divorce, also they
want to live together.
But Rajesh wanted divorce so that he can start a new life with Kushinwa & her two kids.
On the day of visit, defendant i.e. Rekha and her kids have to show some evidences and
give witness for their support.
Her daughter Monika being a witness, told everything & court has recorded this also.

JUDGEMENT: Court has recorded all the evidences, witnesses and proofs. No court has
directed them another date of hearing.

 PRINCY v AASHISH
Princy, a girl aged 19 years married to Aashish last year. After 15 -20 days of marriage
her in-laws starts beating her for dowry, also abuses her. They demanded more dowry
Even they had force her to make sexual relations with her brother-in- law. When her
mother visited her marital house to meet her, her in-laws beaten & abuse her mother also.
Then her mother forcibly took her daughter back to home. Then Princy files a case of
divorce.
On the day of visit to the court, argument between the lawyers should be there.

JUDGEMENT: Aashish’s lawyer argues that Princy & her mother are fake people. They
just induces other person and files fake cases for making money. On the other hand,
Princy’s lawyer argues that this is all wrong what opposition is saying & he demands for
another date to collecting some evidences.

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 SHIRISH DEVKAR v KIRTI DEVKAR

Shirish aged 32 & Kirti aged 27 were married on December 2015. After one year of their
marriage, Kirti’s in-laws start harassing her, demand more dowry, abuses her mentally &
physically. Then after all this Kirti went to her parents’ house and there she blessed with
a baby girl. Kirti told this news to her in-laws & husband but they didn’t came there to
meet her & baby because they don’t want a baby girl. Kirti contacted her husband so
many times but he never meet her. Since 18 months Kirti haven’t seen her husband nor
his husband met them (Kirti & his daughter). Now, he files a divorce case.
On the day of visit, first hearing would be there.

JUDGEMENT: As the other party i.e. Shirish was absent on the first hearing, the court
directed them another formal date so that both the party will be present.

 CHANDRA SINGH v NEHA SINGH

Chandra & Neha married one year ago on one condition that Chandra has to live with
Neha in her parent’s house. Chandra agreed upon this condition & started living with
Neha in her parent’s house. But after sometime he realizes that he can’t manage to live
there as he is not able to adjust with their style of living. So he told Neha that he is going
ask to his home & ask her to come up with him to his house. But Neha denies this &
Chandra goes back to his house. Then Neha files a case of divorce stating that he
breaches her contract of marriage. This case is pending before the court for 2 months.

JUDGEMENT: The judgement is pending before the court because Neha was absent at
the date of hearing. So the court has given them another formal date of hearing.

 BHAGWATI DEVI v NEELA BAI GUPTA

This is a custody case. There were two child named Aayushi Gohai aged 1 years &
Divyansh Gohai aged 11 years. Their uncle had killed their parents for the sake of
property. Now these children were living with their maternal grandmother in Jabalpur.
Their maternal grandmother named Bhagwati Devi has filed the case of custody of her
grandchild against children grandmother named Neela Bai Gupta. On the day of visit,
opinion of children has to recorded that where they want to live.

JUDGEMENT: Both the child want to live with their maternal grandmother as they
don’t want to go back to their home because their uncle beats them. Also they didn’t even
provide them food. The court has recorded their statement & gives them another
formal date of hearing.

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CHAPTER 5
5.1 ANALYSIS OF RESEARCH QUESTION
1. Indian Family Law involves distinctive individual laws which permits the religious and
standard convictions of individuals of various stations, classes and networks of India to be
spoken to through the law.
1.1. ADULTRY: It may not be named a criminal offense in all nations yet the wedding
offense of infidelity or its blame ground is perceived in the greater part of the nations.
1.2. DESERTION: Departure alludes to dismissal by both of the life partner of the
considerable number of commitments of marriage with no sensible reason and
furthermore without the assent of the mate. It implies an aggregate revocation of
conjugal commitment.
1.3. CRUELTY: Both mental and physical cruelties are included as cruelty in modern times.
While physical cruelty is easy to determine, it is difficult to say what mental cruelty
consists of.
1.4. INSANITY: Insanity as a ground of divorce has the following two requirements. The
respondent has been incurably of unsound mind. The respondent has been suffering
continuously or intermittently from mental disorder of such a kind and to such an extent
that the petitioner cannot reasonably be expected to live with the respondent.
1.5. CONVERSION: Conversion isn't a ground for separation under the Indian Divorce Act,
1869. Spouse's polygamy in addition to transformation is a wife's ground of separation
under segment 10(2) and not straightforward change.
2. Litigation are pending in family court because o these reasons
2.1. Not enough judges: The Center says the States should lead the pack in expanding the
quantity of judges and the States say Center should lead the pack. As this pull of-war
goes on, judges' quality continues as before and disputants stay in prison.
2.2. Not enough courts: Indian legal has inadequate assets. Both Center and States are not
intrigued by expanding going through regarding the legal.
2.3. Lack of adequate infrastructure, courtrooms.

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3. Victims of domestic violence continue to be cross-examined by their abusers in family court

over a long period of time.

CHAPTER 6

6.1 FINDINGS

In Jabalpur, family court are overburdened with large no. of cases. Family courts are insufficient
to accomplish its goals are confirmed and discovered right. Along these lines, in view of the
enquiry about examination covering different subjects identified with the family and family
Courts in Jabalpur, coming up next are the real discoveries:

 The Family Court Act gives the rapid and friendly settlement of family question, yet the
information gathered by the research from the family courts uncover that family courts in
Jabalpur have seen a colossal increment in wedding debate and can't arrange them in a
convenient way. Along these lines the plain goal of fast transfer of cases has not been
emerged.
 In spite of the fact the family court expects to secure & save the family, the investigation
demonstrates that separations particularly common assent divorce are expanding.
 The Family Courts Act inclines toward ladies as Judges, yet the vast majority of the
family courts have male judges. The examination additionally shows that the absence of
infrastructural offices and lacking number of staff influence the viable working of the
family court framework.
 The Family Court Act needs the family court to be unique in relation to the consistent
court in the procedures and structures of the prosecutions. It isn't entirely different from
the consistent one. Its foundation what's more, existing techniques for intervention and
advising are inadequate for a neighborly settlement of family question.

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6.2 CONCLUSION

Family is the essential unit of a social framework. The accomplishment in marriage and family
relationship will reinforce the security of the network. Consequently, for the assurance of
society, families are to be secured. Each effective conjugal relationship is the aftereffect of
adoration, confidence and equity, and it prompts a more extensive point of view on family
relations and social responsibilities. A steady family relationship can accomplish a steady,
successful and great conjugal life.

Social security is the most imperative factor in a sound family. In a stable family individuals live
respectively in amicability, peace and equity. So the family court structure, process and
capacities safeguard a marriage where it has separated hopelessly, or breaks up it with most
extreme reasonableness and least severity, trouble and mortification.

With regards to the developing family debate, the Government of India set up the Family Courts
Act in 1984 with a view to advance pacification furthermore, expedient settlement of family
question. Along these lines, the Family courts are particular courts which were set up with the
goal of keeping up the welfare of the family by using a multidisciplinary way to deal with
determination family issues inside the system of law. The family courts go for anchoring the
legitimate privileges of the people from one viewpoint, and embrace the job of a guide, a partner
and an instructor on the other, to empower families to adapt to their issues, and set up family
congruity, following the standard of respect of the individual and fairness of the status of both
the genders. Family courts have been set up to give offices of a lawful and non-legitimate nature,
with the goal that in the Indian Family laws, there are diverse individual and uncommon marital
laws in power covering wedding and associated matters. The family court has purview to settle
the debate under every one of these institutions. In this way the Family Court Act is just a
procedural statue. Subsequently the Act does not supersede individual laws, however gives an
elective arbitration discussion of debate goals. The privilege and commitments of the gatherings
to the debate are to be chosen according to their own or wedding laws. In spite of the fact that the
Indian family courts give the elective question goals through intervention and directing, it is

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wasteful in numerous events because of the untalented middle people and wasteful guiding
framework very one of the issues can be settled in one discussion.

6.3 SUGGESTIONS

In the view of the research study on family courts in Jabalpur, the following are the suggestions for the
effective functioning of family courts:

 Legal Representatives: Backers showing up in Family Courts ought to have a superior

comprehension of family clashes and their suitable aura. It is smarter to the stay away
from impedance of legal counselors and the influenced exploited people ought to be
allowed to present their cases straightforwardly. The State Government ought to present
a law making it compulsory for supporters to give free lawful counsel to the uneducated
and monetarily weaker gatherings.
 Legal Aid & Counselling: A suitable setup must be accommodated the Judge and the
Counselors to enable the couples to examine and resolve their debate easily. Satisfactory
number of prepared and experienced instructors ought to be accessible to adapt to the
weight of work.
 Case Management System: It is attractive to have a collegium appended to each
Family Court comprising of 3 or 4 individuals, including ladies, to which each appeal to
documented under the steady gaze of the Family Court could be alluded for compromise
before it is gone up against document of the court.
 Timely Settlement: The transfer of cases ought to be less tedious. Cases ought to be
solved in a restricted time span. The system ought to be abbreviated and streamlined.
Effortlessly available sufficient number of family courts ought to be set up.
 Improvement of Administration & Infrastructure: The workplace for the family
court staff must be moved forward. There is a critical need to give appropriate
foundation offices. Great drinking water offices, spotless and clean toilets, both for
people, must be given. Legitimate plans must be made for guests and customers.

6.4 LIMITATIONS
Followings are the limitation:

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 This project is limited to Jabalpur Family Court only.

 I have studied only some cases i.e. 10, most of the case are left.
 I have taken intvw. of some lawyers only so the view point are limited.

BIBLIOGRAPHY
1. Section 3 of Cr.P.C.
2. Case no. 4417 of Supreme court
3. Judgement of Justice S.K. Srivastava.

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