Procedure | Family Law - CLAT PG PDF Download

Duty of Family Court to Make Efforts for Settlement

1. Initial Efforts for Settlement

• In every suit or proceeding, the Family Court shall make efforts to assist and persuade the parties to reach a settlement, whenever possible and appropriate.
• The Family Court has the flexibility to follow procedures it deems fit, subject to rules set by the High Court.

2. Adjournment for Settlement Possibility

• If the Family Court identifies a reasonable possibility of settlement at any stage of the proceedings, it may adjourn the case for a period it considers appropriate to facilitate settlement efforts.

3. Additional Power to Adjourn

• The power to adjourn for settlement purposes is additional to any other powers the Family Court has to adjourn proceedings.

Procedure Generally

The procedure in Family Courts is guided by certain provisions and rules to ensure a fair process. Here's a breakdown of the key points:

Application of Civil Procedure Code

• Family Courts are considered civil courts for the purposes of the Civil Procedure Code, 1908.
• Provisions of the Civil Procedure Code and other applicable laws apply to suits and proceedings in Family Courts, except for proceedings under Chapter IX of the Code of Criminal Procedure, 1973.

Application of Criminal Procedure Code

• The Code of Criminal Procedure, 1973, and its rules apply to proceedings under Chapter IX of that Code before a Family Court.

Flexibility in Procedure

• Family Courts have the flexibility to establish their own procedures to facilitate settlements or to determine the truth of facts disputed by the parties.

Proceedings to be Held in Camera

• Proceedings in Family Courts can be held in camera(private) if the Court wishes, and must be held in camera if either party requests it.

Assistance of Medical and Welfare Experts

• Family Courts have the authority to secure the services of medical experts or individuals involved in family welfare, preferably women when available, to assist in carrying out the Court's functions under the Act.

Right to Legal Representation

• In Family Courts, parties do not have an automatic right to be represented by a legal practitioner.
• However, the Court may call upon a legal expert as amicus curiae(friend of the court) if it deems necessary for the sake of justice.

Application of Indian Evidence Act, 1872

• A Family Court is allowed to accept various forms of evidence such as reports, statements, documents, and information, even if they wouldn't typically be considered relevant or admissible under the Indian Evidence Act, 1872. The court has the discretion to determine what might assist in effectively resolving a dispute.

Record of Oral Evidence

• In cases before a Family Court, it is not required to record witness testimonies in detail. Instead, the judge will create a memorandum summarizing the witness's statements as they are examined. This memorandum will be signed by both the witness and the judge, becoming part of the official record.

Evidence of Formal Character on Affidavit

• (1) Evidences of a formal nature from any individual can be submitted through an affidavit and may be considered in any suit or proceeding before a Family Court, barring any valid objections.
• (2) The Family Court has the discretion to summon and question the individual who provided the affidavit regarding its contents if deemed necessary or upon request from any party involved in the case.

Judgment

• A Family Court judgment must include a brief overview of the case, the issue being decided, the court's decision on that issue, and the rationale behind the decision.

Execution of Decrees and Orders

(1) A decree or order issued by a Family Court, except for those under Chapter IX of the Code of Criminal Procedure, 1973, holds the same power as a decree or order from a civil court. It should be executed following the procedures outlined in the Code of Civil Procedure, 1908.

(2) An order from a Family Court under Chapter IX of the Code of Criminal Procedure, 1973, must be executed according to the methods specified in that Code.

(3) A decree or order can be executed by the Family Court that issued it, another Family Court, or an ordinary civil court to which it is forwarded for execution.