Comprehension

The Supreme Court of India has held that the nature of inquiry before the Family Court is, indeed, adjudicatory. It is obliged to resolve the rival claims of the parties and while doing so, it must adhere to the norms prescribed by the statute in that regard and also the foundational principle of fairness of procedure and natural justice. These provisions plainly reveal that the Family Court is expected to follow procedure known to law, which means insist for a formal pleading to be filed by both sides, then frame the issues for determination, record the evidence of the parties to prove the facts asserted by the concerned party and only thereafter, to enter upon determination and render decision thereon by recording the reasons for such decision. For doing this, the Family Court is expected to give notice to the respective parties and provide them sufficient time and opportunity to present their claim in the form of pleadings and evidence before determination of the dispute.

Question: 1

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

Updated On: Jul 11, 2024
  • The Act intends to promote conciliation and secure speedy settlement of disputes.
  • The appointment of counsellors in family courts is determined by the State Government in consultation with the High Court.
  • 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.
  • A person can be appointed as a judge of the Family Court after the attainment of sixty-two years of age
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The Correct Option is D

Solution and Explanation

The Correct Answe is option (D): A person can be appointed as a judge of the Family Court after the attainment of sixty-two years of age
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Question: 2

Based on the given excerpt, which of the following judgments is related to the working of Family Courts?

Updated On: Jul 11, 2024
  • Sanjiv Prakash v. Seema Kukreja, 2021 SCC OnLine SC 282.
  • Khushi Ram v. Nawal Singh, 2021 SCC OnLine SC 128.
  • Aman Lohia v. Kiran Lohia, 2021 SCC OnLine SC 224.
  • Gurmeet Pal Singh v. State of Punjab,(2018) 7 SCC 260.
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The Correct Option is C

Solution and Explanation

The Correct Answe is option (C): Aman Lohia v. Kiran Lohia, 2021 SCC OnLine SC 224.
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Question: 3

Based on the given excerpt, which of the following was held by the Supreme Court of India in relation to the Family Courts?

Updated On: Jul 11, 2024
  • 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.
  • In divorce proceedings, it is the duty of family courts to mandatorily conduct mediation between the parties.
  • 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.
  • Family Courts ought not to examine matters after giving due opportunity to both sides on their own merits and in accordance with law.
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The Correct Option is A

Solution and Explanation

The Correct Answe is option (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.
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Question: 4

The Family Court must adhere to the norms prescribed by the statute with regard to the adjudication of matrimonial disputes, and also to the:

Updated On: Jul 11, 2024
  • Convenience of the court.
  • Fair procedure and natural justice.
  • International conventions.
  • Convenience of the parties.
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The Correct Option is B

Solution and Explanation

The Correct Answe is option (B): Fair procedure and natural justice.
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Question: 5

Which of the following is not correct about the nature of proceedings conducted in the Family Court?

Updated On: Jul 11, 2024
  • The proceedings must always be held in camera.
  • 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.
  • The proceedings may be held in camera depending on the desire of court and the party concerned.
  • Family Court may secure the services of a medical expert if required.
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The Correct Option is A

Solution and Explanation

The Correct Answe is option (A): The proceedings must always be held in camera.
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Question: 6

The Family Courts Act, 1984 does not apply to which of the following matters?

Updated On: Jul 11, 2024
  • Divorce under Hindu Law.
  • Nikah as per Muslim Personal Law.
  • Marriage under Special Marriage Act, 1954.
  • Adoption under Hindu Law.
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The Correct Option is D

Solution and Explanation

The Correct Answe is option (D): Adoption under Hindu Law.
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