Establishment of Family Courts in India: Need of the Society

Abstract

Adversarial system is ill-suited to family needs. It should be viewed as a litigation in which parties and their counsels are engaged in resolving family conflicts where human considerations prevail over, everything else. The resolution of family conflicts requires special procedures designed to help people in struggle, to reconcile and resolve their differences and where necessary to obtain assistance. 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. These courts assume a twin function of securing the legal rights of the individuals and playing the role of a guide, helper and counsellor to enable the families to cope with their problems and thereby establish family harmony. In the absence of uniform civil code, family courts were seen as a step forward as it intended to improve procedural laws by providing more flexible, unconventional and investigational procedures.