The Family Courts System in India: Evolution, Jurisdiction and Procedural Framework
The Family Courts System in India: Evolution, Jurisdiction and Procedural Framework By Abhishek Jat, Advocate Historical Context and Legislative Genesis Prior to 1984, matrimonial and family disputes in India were adjudicated within the conventional civil court framework, resulting in protracted litigation and substantial backlog. The judicial infrastructure was inadequately equipped to address the distinct nature of familial disputes, which often necessitate specialized attention and expeditious resolution. This deficiency was formally acknowledged by the Law Commission of India in its 59th Report (1974), which emphasized the imperative to differentiate family litigation from standard civil proceedings. The Commission advocated for reformative measures aimed at facilitating amicable settlement of interfamilial disputes through alternative dispute resolution mechanisms. In response to these recommendations and recognizing the socio-legal significance of family institutions, ...