Family Courts Act_Family Court

Family Court

1. The Family Courts in India are set up under the Family Courts Act, 1984. The said Act was enforced on 14th September 1984
2. Under Section 2 of the said Act, the State Government must establish one Family Court for every area in the State comprising of a town or city which has a population of one million or more.
3. The State Government may also be established Family Courts for other areas in the State as the State Government may deem necessary.
4. In case of Gangadharan V/s. State of Kerala, AIR 2006 SC 2360, the Hon’ble. Supreme Court observed that State Government should establish Family Courts not only because it is so provided in the Act, but also to discharge its social obligation to provide a less formal platform for determining family disputes.
5. The appointment of the judges of Family Courts is made by the State Government as per the qualification mentioned under Section 4 of the Act.
6. The provisions relating to the jurisdiction of the Family Court are laid down in Section 7 of the Act.
7. The Family Court dealt with the following suits and proceedings between the parties to a marriage –
• For Decree in respect of Nullity of Marriage OR Restitution of Conjugal Rights OR Judicial Separation OR Dissolution of Marriage,
• For a Declaration of the Validity of the Marriage OR the Matrimonial Status of any person
• For an Injunction OR Order in a Disputes arising out of a Marital Relationship,
• For Declaration of Legitimacy of any person,
• For Maintenance, and
• For Deciding the Guardianship of the person OR the Custody of or access to any minor
8. Section 9 of the Act provides that, the Family Court should try to resolve the matter through conciliation and settlement.
9. Section 10 of the Act provides the general procedures of family court
10. As per Section 11 of the Act, in-camera proceedings can be ordered, if the parties desire.
11. The Court can take the assistance of medical and welfare experts.
12. As per Section 14 of the Act, the provisions of the Indian Evidence Act, 1872 applicable to the proceedings before the Family Court.
13. Section 15 of the Act lays down the way of recording evidence in the proceedings before the Family Court
14. Provisions of the Code of Civil Procedure, 1908 are applied in the enforcement of the order or the judgement passed by the Family Court.
15. Section 17 of the Act deals with the judgment passed by the Family Court
16. Section 19 of the Act deals with Appeal. Appeal arising out of the judgment or order of Family Court can be made to the High Court. The Appeal shall be filed within 30 days from the date of the Judgement

Indian Evidence Act_Examination of Witnesses

Examination of Witnesses

1. Section 134 of the Indian Evidence Act, 1872 deals with number of witnesses.
2. No particular number of witnesses shall in any case be required for the proof of any fact.
3. Section 137 of the Indian Evidence Act, 1872 deals with Examination-in-Chief
4. The examination of a witness by the party who calls him shall be called his examination-in-chief.
5. Cross-examination - The examination of a witness by the adverse party shall be called his cross-examination.
6. Re-examination - The examination of a witness, subsequent to the cross-examination by the party who called him, shall be called his re-examination.
7. A party who has called him/her as a witness can re-examine him/her after his/her cross-examination is over.
8. The re-examination shall be directed to the explanation of matters referred to in cross-examination.
9. Section 141 of the Indian Evidence Act, 1872 deals with leading questions.
10. Any question suggesting the answer which the person pulling it wishes or expects to receive, is called a leading question.
11. The expression "Leading Questions" literally means a question which itself suggest answer.
12. Section 142 of the Indian Evidence Act, 1872 provides for when leading questions must not be asked
13. It cannot be asked, if objected to by the adverse party, be asked in an examination-in-chief, or in a re-examination, except with the permission of the Court.
14. Section 143 of the Indian Evidence Act, 1872 provides for when leading questions may be asked
15. Leading questions may be asked in cross-examination.