The objectives delineated for Family Courts encompass expeditious adjudication and resolution of family cases, prioritizing promptness in dispensing justice. Further objectives include fostering conciliation and mediation processes in matters pertaining to matrimonial disputes, thereby facilitating amicable resolutions. Additionally, Family Courts aim to uphold and safeguard familial bonds while ensuring the expeditious resolution of family-related issues.

The establishment of Family Courts is outlined in Section 3 of the Family Court Act, 1984. This provision mandates that the State government, in consultation with the High Court, shall establish Family Courts in areas where the population exceeds one million or where the State government deems their establishment necessary.

Appointment of Judges :

The procedural aspects concerning the appointment of judges within the Family Court framework are delineated within Section 4 of the Family Courts Act, 1984. Under this provision, the authority to appoint one or more individuals as judges of the Family Court is vested in the state government, following consultation with the respective High Court. Moreover, the state government, in conjunction with the High Court, retains the prerogative to designate a judge as the Principal Judge and another as the Additional Principal Judge. The Principal Judge's primary responsibility encompasses the allocation of court proceedings among the various judges, while the Additional Principal Judge assumes the Principal Judge's powers in their absence or incapacity due to illness or other circumstances.

Furthermore, Section 4 outlines the requisite qualifications for individuals aspiring to judicial roles within the Family Court. Eligibility criteria include a minimum tenure of seven years in a judicial capacity within India, membership in a Tribunal or holding a position under the Central or State government requiring specialized legal knowledge, or practicing as an advocate in a High Court or two or more subordinate courts for a comparable period. Additionally, qualifications may be prescribed by the Central government in consultation with the Chief Justice of India. Prospective judges must not exceed sixty-two years of age.

In the selection process, emphasis is placed on the candidate's proficiency in dispute resolution through conciliation and counselling, with a view to safeguarding matrimonial bonds and advancing the welfare of children, drawing upon their expertise and experience. Gender parity is also underscored, with preference accorded to female candidates. Remuneration, allowances, and other terms of service for Family Court judges are determined by the State Government in consultation with the High Court.

Jurisdiction:

The Family Courts Act, as outlined in Section 7, delegates the powers and jurisdiction previously held by District Courts or Subordinate Civil Courts to Family Courts. These courts have jurisdiction over various suits and proceedings, including:

- Decree of nullity of marriage, restitution of conjugal rights, or dissolution of marriage.
- Determining the validity of marriage or matrimonial status.
- Property disputes between spouses.
- Injunctions or orders related to marriage.
- Declaration of legitimacy.
- Maintenance suits.
- Guardianship or custody of minors.

Additionally, under Section 7(2), Family Courts can exercise jurisdiction similar to a Magistrate of the first class under Chapter IX of the Code of Criminal Procedure, 1973, and any other jurisdiction provided by law.

Types of Cases Heard in Family Courts:

I. Dissolution of Marriage: Cases seeking for divorce or annulment. Legal separation with property, alimony, and child custody arrangements.

II. Child Custody: Family Courts have jurisdiction to determine child custody and appoint guardianship in the matters related to child custody.

III. Property Disputes: Jurisdiction extends to disputes regarding marital property.

IV. Maintenance: Family Courts handle suits or proceedings for maintenance, including those under Section 125 of the Code of Criminal Procedure, 1973.

V. Domestic Violence Protection Orders: Victims of domestic abuse can obtain protection orders from Family Courts.

The Family Courts Act, 1984, under Section 9, delineates specific responsibilities of the Court aimed at fostering reconciliation between disputing parties.

Section 9(1): It mandates that in every suit or proceeding, the Family Court must endeavour to facilitate reconciliation and the amicable settlement of disputes through mutual agreement. This process is to be conducted in accordance with rules prescribed by the High Court.

Section 9(2): Additionally, the Family Court is empowered to adjourn proceedings at any stage if there exists a prospect of reconciliation, thereby allowing parties the opportunity to negotiate and reach a settlement.

Section 9(3): This provision elucidates that the authority conferred upon the Family Court by subsection 2 of Section 9 supplements its existing powers.

Furthermore, Section 12 of the Act underscores the promotion of reconciliation through the engagement of medical and welfare experts. This entails collaboration with institutions or organizations involved in social welfare, individuals specializing in social welfare endeavours, professionals contributing to the efficacy of the Family Court, and individuals committed to its effectiveness. Section 6 of the Act facilitates the provision of officers, counsellors, and other personnel essential for the optimal functioning of the Family Court, a prerogative vested in the State government following consultation with the High Court.

Given the efficacy of counselling in facilitating resolution within Family Courts, it is imperative to undertake a diligent selection process to ensure the appointment of qualified counsellors, thus facilitating the expeditious resolution of cases, disputes, or issues within the Family Court framework.

Association of Social Welfare Agencies and Counsellors:

Section 5 of the Family Courts Act allows state governments, in consultation with the High Court, to establish rules governing the association of various individuals or institutions with Family Courts. These may include:

- Social welfare organizations or institutions.
- Professionals working for the welfare of Family Courts.
- Individuals engaged in social welfare activities.
- Others deemed necessary for the effective functioning of Family Courts.

Section 6 empowers state governments, in consultation with Family Courts, to determine the number of counselors, officers, and staff required to assist in the effective functioning of Family Courts. Counselors play a crucial role in resolving Family Court cases through effective counselling, highlighting the importance of their fair selection and appointment.