Need To Have Customised Procedure to Resolve Matrimonial Litigations

Authors

  • Dr N Krishna Kumar Associate Professor, Government Law College, Kozhikode, Kerala, India

Keywords:

Court of equity, domestic relations, family division, investigational procedures, uniform civil code

Abstract

Each country has unique system of Family Courts to address family law cases including decisions regarding divorce cases. Family court was created originally as a Court of Equity. Family courts were first introduced in the United States in 1910. At that time they were called domestic relations courts. In the United States family court falls under the heading of Trial Courts of Limited Jurisdiction. Family courts dealt only with a specific type of case and they were presided over by a single judge without a jury. In England cases involving children are primarily dealt with under the Children Act 1989, amongst other statutes. As of 22 April 2014 there are two family courts. They are the Family Division of the High Court and the Family Court. The Family Court was created by Part 2 of the Crime and Courts Act 2013, merging into one the family law functions of the county courts and magistrates' courts. Family Courts are specialized courts established for maintaining welfare of the family by developing multidisciplinary approach to resolve family problems within the framework of law. However in the absence of uniform civil code, family courts are expected to improve procedural laws by providing more flexible, unconventional and investigational procedures suitable to each case.

 

Published

2021-06-14