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

The Family Courts Act, 1984, was enacted to provide a mechanism for the resolution of family disputes in a speedy and amicable manner. Let's evaluate the given options against the provisions of the Act to identify which one is not correct: 

The Act intends to promote conciliation and secure speedy settlement of disputes.

This is correct. The main objective of the Family Courts Act is indeed to facilitate conciliation and secure speedy resolution of family disputes.

The appointment of counsellors in family courts is determined by the State Government in consultation with the High Court.

This is correct. According to the Act, the State Government is responsible for the appointment of counsellors and may do so 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.

This is correct. Family Courts must strive to settle disputes amicably while considering the specific nature and circumstances of each case.

A person can be appointed as a judge of the Family Court after the attainment of sixty-two years of age.

This is incorrect. According to the Family Courts Act, the eligibility criteria for appointment as a judge typically involves legal expertise and experience, but the age mentioned here does not align with the usual practice, which considers active high court judges or those eligible for such a post, generally not after the age of sixty-two.

From the analysis above, the incorrect statement is: A person can be appointed as a judge of the Family Court after the attainment of sixty-two years of age.

Answer 2

In order to determine which judgment is related to the workings of Family Courts, it is essential to analyze the criterion discussed in the given comprehension. The Family Court's responsibilities include the adjudication of disputes between parties by adhering to statutory norms, maintaining fairness, ensuring natural justice, and following a formal legal procedure. This involves parties filing formal pleadings, framing issues, recording evidence, and providing opportunities for both parties to present their claims.

Considering these factors, the judgment that aligns with the operation and obligations of the Family Courts is:

Aman Lohia v. Kiran Lohia, 2021 SCC OnLine SC 224.

This judgment pertains to Family Courts, which are required to involve prescribed procedures including pleadings, framing of issues, evidence recording, and providing fairness, directly reflecting the given comprehension.

Answer 3

Based on the information provided, the Supreme Court of India emphasizes the importance of adhering to prescribed procedures and principles of natural justice within Family Courts. They are tasked with resolving disputes through an adjudicatory process that respects fairness and legal norms. This involves formal pleadings, framing issues, recording evidence, and rendering reasoned decisions, ensuring parties are notified and given the opportunity to present their case adequately. Therefore, the correct option, reflecting this viewpoint, is: 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.

Answer 4

The Family Court in India operates under the principles of fairness of procedure and natural justice, in accordance with statutory norms. The Supreme Court has affirmed that while adjudicating matrimonial disputes, the Family Court must adhere to these foundational principles.

The inquiry process before the Family Court is adjudicatory, designed to resolve the parties' claims. It must follow legally established procedures, including:

1. Filing formal pleadings by both parties.
2. Framing issues for determination.
3. Recording evidence to support asserted facts.
4. Making determinations and rendering decisions with recorded reasons.

During this process, the Family Court must:

• Provide notice to the involved parties.
• Ensure sufficient time and opportunity for parties to present claims and evidence.

This adherence ensures the court's decisions are based on justice and equity, maintaining the integrity of legal proceedings in matrimonial disputes.

Answer 5

The statement "The proceedings must always be held in camera" is incorrect about the nature of proceedings conducted in the Family Court. The Supreme Court of India recognizes that while Family Courts follow adjudicatory proceedings, they are not obligated to always conduct them in camera. Instead, this can depend on the court's decision and the desires of the parties involved. The correct understanding is that proceedings may be held in camera based on the requirement or desire of the court or the parties concerned. This flexibility ensures adherence to the norms of fairness, procedure, and natural justice. Therefore, options like seeking assistance from legal or medical experts if necessary are accurate descriptions of Family Court proceedings.

Answer 6

The Family Courts Act, 1984 primarily deals with matrimonial disputes and other family-related matters. However, it does not apply to every aspect of family law. Below is an analysis of the given options to determine which matter is not governed by the Family Courts Act:

• Divorce under Hindu Law: Family Courts handle divorce proceedings among individuals governed by Hindu Law, as it involves matrimonial disputes.
• Nikah as per Muslim Personal Law: Family Courts also address matrimonial disputes in Muslim marriage cases, including those related to Nikah.
• Marriage under Special Marriage Act, 1954: This act provides a framework for civil marriages, and matters arising from it can be presented in Family Courts.
• Adoption under Hindu Law: Adoption is a process more related to personal law than to matrimonial disputes. Typically, such matters are not covered under the Family Courts Act, 1984.

Based on this analysis, the Family Courts Act, 1984 does not apply to Adoption under Hindu Law.