Question

Which of the following is not correct about the Family Courts Act, 1984?

• A. The Act intends to promote conciliation and secure speedy settlement of disputes.
• B. The appointment of counsellors in family courts is determined by the State Government in consultation with the High Court.
• C. The duty of the Family Court is to arrive at a settlement between the parties where it is possible and consistent with the nature and circumstances of the case.
• D. A person can be appointed as a judge of the Family Court after the attainment of sixty-two years of age.
• A. Sanjiv Prakash v. Seema Kukreja, 2021 SCC OnLine SC 282.
• B. Khushi Ram v. Nawal Singh, 2021 SCC OnLine SC 128.
• C. Aman Lohia v. Kiran Lohia, 2021 SCC OnLine SC 224.
• D. Gurmeet Pal Singh v. State of Punjab, (2018) 7 SCC 260.
• A. Non-compliance of the prescribed mandatory procedure and infraction of principles of natural justice is not a technical irregularity which can be overlooked by family courts.
• B. In divorce proceedings, it is the duty of family courts to mandatorily conduct mediation between the parties.
• C. Non-compliance of the prescribed mandatory procedure and infraction of principles of natural justice is a technical irregularity which can be overlooked by family courts.
• D. Family Courts ought not to examine matters after giving due opportunity to both sides on their own merits and in accordance with law.
• A. Convenience of the court.
• B. Fair procedure and natural justice.
• C. International conventions.
• D. Convenience of the parties.
• A. The proceedings must always be held in camera.
• B. The Act provides that if the Family Court considers it necessary in the interest of justice, it may seek the assistance of a legal expert as amicus curiae.
• C. The proceedings may be held in camera depending on the desire of court and the party concerned.
• D. Family Court may secure the services of a medical expert if required.
• A. Divorce under Hindu Law.
• B. Nikah as per Muslim Personal Law.
• C. Marriage under Special Marriage Act, 1954.
• D. Adoption under Hindu Law.

Answer 1

The Correct Option is D

Step 1: Purpose of the Family Courts Act, 1984.
The Act was enacted to promote conciliation and secure speedy settlement of disputes relating to marriage and family affairs. Therefore, (A) is correct.
Step 2: Appointment of counsellors.
Section 6 of the Act states that counsellors are appointed by the State Government in consultation with the High Court — hence, (B) is correct.
Step 3: Duty of the Family Court.
Under Section 9, it is the duty of the court to make efforts for settlement between parties wherever possible — thus, (C) is correct.
Step 4: Age limit for appointment of judges.
Section 4 provides that a person may be appointed as a judge of a Family Court before the age of sixty-two years; after this age, appointment is not permitted. Option (D) incorrectly states “after attainment”, making it wrong.
\[ \boxed{\text{D}} \]

Answer 2

Step 1: Identify the theme of the excerpt.
The passage emphasizes the Family Court’s obligation to follow proper procedure, frame issues, take evidence, and ensure fairness while aiming for speedy settlement — all hallmarks of proceedings under the Family Courts Act.
Step 2: Match with case law.
The case Aman Lohia v. Kiran Lohia (2021) SCC OnLine SC 224 dealt with the procedural and adjudicatory role of Family Courts in matrimonial disputes, reflecting exactly the points mentioned in the excerpt.
Step 3: Eliminate distractors.
- (A) concerns arbitration agreements — unrelated.
- (B) is about property law/adverse possession — unrelated.
- (D) deals with criminal law — unrelated.
\[ \boxed{\text{C}} \]

Answer 3

Step 1: Understanding the excerpt.
The passage stresses that Family Courts must strictly follow statutory procedure and principles of natural justice when resolving disputes.
Step 2: Key judicial observation.
The Supreme Court has held that failure to comply with mandatory procedure and natural justice is a substantive irregularity, not a mere technical lapse that can be ignored.
Step 3: Elimination of wrong options.
- (B) is too specific and not stated in the excerpt.
- (C) says it is a technical irregularity — contrary to the judgment.
- (D) contradicts the excerpt's emphasis on due procedure and merits.
\[ \boxed{\text{A}} \]

Answer 4

Step 1: Link to excerpt.
The excerpt explicitly mentions the Family Court must adhere to statute norms and foundational principles of fairness of procedure and natural justice.
Step 2: Elimination of incorrect choices.
Options (A), (C), and (D) are not stated in the text. Only (B) directly matches. \[ \boxed{\text{B}} \]

Answer 5

Step 1: Legal position under the Family Courts Act.
Section 11 of the Family Courts Act provides that proceedings may be held in camera if the court so desires or either party requests — not “must always”.
Step 2: Why (A) is wrong.
The word “always” makes (A) incorrect because in-camera proceedings are discretionary, not mandatory.
Step 3: Verifying other options.
(B), (C), and (D) are consistent with statutory provisions. \[ \boxed{\text{A}} \]

Answer 6

Step 1: Scope of the Family Courts Act.
The Act covers disputes relating to marriage, divorce, custody, maintenance, and property under personal laws but its jurisdiction depends on specific statutory provisions.
Step 2: Why (B) is excluded.
Nikah under Muslim Personal Law is governed by Muslim law principles and is not directly adjudicated under the Family Courts Act unless linked to disputes under statutory enactments.
Step 3: Verification of other options.
(A), (C), and (D) fall within the purview of the Act. \[ \boxed{\text{B}} \]