Family court

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Family court

  1. 1. CHENNAI3rd Floor, ‘Creative Enclave’,148-150, Luz Church Road, Mylapore, Chennai - 600 004. Tel: +91 - 44 - 2498 4821 Family Court BANGALORE Suite 920, Level 9, Raheja Towers, 26-27, M G Road, Bangalore - 560 001. Tel: +91 - 80 - 6546 2400 COIMBATORE BB1, Park Avenue, # 48, Race Course Road, Coimbatore - 641018. Tel: +91 - 422 – 6552921 Divya Raman Corporate Department EMAIL info@altacit.com Altacit Global WEBSITE www.altacit.com
  2. 2. CHENNAI3rd Floor, ‘Creative Enclave’,148-150, Luz Church Road, Mylapore, Chennai - 600 004. Tel: +91 - 44 - 2498 4821 BANGALORE Suite 920, Level 9, Raheja Towers, 26-27, M G Road, Bangalore - 560 001. Tel: +91 - 80 - 6546 2400 COIMBATORE BB1, Park Avenue, # 48, Race Course Road, Coimbatore - 641018. Tel: +91 - 422 – 6552921 EMAIL info@altacit.com WEBSITE www.altacit.com
  3. 3. INTRODUCTION CHENNAI • A court convened to decide matters3rd Floor, ‘Creative Enclave’,148-150, Luz Church Road, Mylapore, and make orders in relation to Chennai - 600 004. Tel: +91 - 44 - 2498 4821 BANGALORE family law, such as custody of Suite 920, Level 9, Raheja Towers, 26-27, M G Road, Bangalore - 560 001. children. Tel: +91 - 80 - 6546 2400 COIMBATORE BB1, Park Avenue, • First established in the United # 48, Race Course Road, Coimbatore - 641018. Tel: +91 - 422 – 6552921 states in 1910, when they were called domestic relations courts. EMAIL info@altacit.com WEBSITE www.altacit.com
  4. 4. INTRODUCTION contd… CHENNAI Family courts hear all cases that relate to3rd Floor, ‘Creative Enclave’,148-150, Luz Church Road, Mylapore, Chennai - 600 004. Tel: +91 - 44 - 2498 4821 familial and domestic relationships although each country has a different BANGALORE Suite 920, Level 9, Raheja Towers, system utilized to address family law 26-27, M G Road, Bangalore - 560 001. Tel: +91 - 80 - 6546 2400 COIMBATORE BB1, Park Avenue, # 48, Race Course Road, cases, each country strives to provide families with the best possible outcome Coimbatore - 641018. Tel: +91 - 422 – 6552921 in family law cases. Family courts can also issue decisions regarding divorce cases. EMAIL info@altacit.com WEBSITE www.altacit.com
  5. 5. FAMILY COURT ACT, 1984 CHENNAI3rd Floor, ‘Creative Enclave’,148-150, Luz Church Road, • Enacted with the main object of Mylapore, Chennai - 600 004. Tel: +91 - 44 - 2498 4821 providing easy and speedy settlement relating to disputes concerning BANGALORE Suite 920, Level 9, Raheja Towers, marriage and family affairs. 26-27, M G Road, Bangalore - 560 001. Tel: +91 - 80 - 6546 2400 COIMBATORE BB1, Park Avenue, # 48, Race Course Road, Coimbatore - 641018. • State may in consultation with the High Court establish a Family Court for a city Tel: +91 - 422 – 6552921 or town whose population exceeds one million. EMAIL info@altacit.com WEBSITE www.altacit.com
  6. 6. WORKING CHENNAI3rd Floor, ‘Creative Enclave’,148-150, Luz Church Road, • Advocates are normally not allowed in Mylapore, Chennai - 600 004. Tel: +91 - 44 - 2498 4821 a Family Court and parties are required to conduct their matters themselves. BANGALORE Suite 920, Level 9, Raheja Towers, 26-27, M G Road, • Judges, Marriage Counsellors and the Bangalore - 560 001. Tel: +91 - 80 - 6546 2400 COIMBATORE BB1, Park Avenue, # 48, Race Course Road, Coimbatore - 641018. other clerical staff of the Family Court assist the parties by explaining and Tel: +91 - 422 – 6552921 making them understand as to how to file a Petition, what statements should EMAIL info@altacit.com be made in the Petition, what a party WEBSITE www.altacit.com should do to conduct its matter etc.
  7. 7. WORKING contd…. CHENNAI • If a Party feels that he/she is3rd Floor, ‘Creative Enclave’,148-150, Luz Church Road, Mylapore, not capable to present the Chennai - 600 004. Tel: +91 - 44 - 2498 4821 BANGALORE Suite 920, Level 9, matter in the Family Court, Raheja Towers, 26-27, M G Road, Bangalore - 560 001. Tel: +91 - 80 - 6546 2400 COIMBATORE BB1, Park Avenue, # 48, Race Course Road, he/she may with the permission of the Court engage Coimbatore - 641018. Tel: +91 - 422 – 6552921 an Advocate. EMAIL info@altacit.com WEBSITE www.altacit.com
  8. 8. Nature of Cases CHENNAI3rd Floor, ‘Creative Enclave’,148-150, Luz Church Road, • Suits or proceedings between parties to Mylapore, Chennai - 600 004. Tel: +91 - 44 - 2498 4821 a marriage for a decree of restitution of conjugal rights, judicial separation, BANGALORE Suite 920, Level 9, Raheja Towers, nullity of marriage or divorce. 26-27, M G Road, Bangalore - 560 001. Tel: +91 - 80 - 6546 2400 COIMBATORE BB1, Park Avenue, # 48, Race Course Road, Coimbatore - 641018. • Maintenance related issues. Tel: +91 - 422 – 6552921 • For an order of injunction in certain circumstances arising in a matrimonial relationship. EMAIL info@altacit.com WEBSITE www.altacit.com
  9. 9. Nature of Cases contd.. CHENNAI • For declaring legitimacy of any3rd Floor, ‘Creative Enclave’,148-150, Luz Church Road, Mylapore, person. Chennai - 600 004. Tel: +91 - 44 - 2498 4821 BANGALORE Suite 920, Level 9, Raheja Towers, 26-27, M G Road, Bangalore - 560 001. Tel: +91 - 80 - 6546 2400 • Suits or proceedings between parties regarding dispute about COIMBATORE BB1, Park Avenue, # 48, Race Course Road, Coimbatore - 641018. the property. Tel: +91 - 422 – 6552921 • Guardianship or custody of any EMAIL info@altacit.com minor or child. WEBSITE www.altacit.com
  10. 10. UNIQUE CHARACTER CHENNAI3rd Floor, ‘Creative Enclave’,148-150, Luz Church Road, • Family courts are empowered to Mylapore, Chennai - 600 004. Tel: +91 - 44 - 2498 4821 formulate their own procedures but till then they have to follow the Civil BANGALORE Suite 920, Level 9, Raheja Towers, Procedure Code. 26-27, M G Road, Bangalore - 560 001. Tel: +91 - 80 - 6546 2400 COIMBATORE BB1, Park Avenue, # 48, Race Course Road, Coimbatore - 641018. • Evidence need not be recorded. Tel: +91 - 422 – 6552921 • Judgment can be concise with statement of the case, points for determining decision and reasons. EMAIL info@altacit.com WEBSITE www.altacit.com
  11. 11. UNIQUE CHARACTER contd… CHENNAI3rd Floor, ‘Creative Enclave’,148-150, Luz Church Road, • Appeal to the High Court can be filed within thirty days from the date of judgment, order Mylapore, Chennai - 600 004. Tel: +91 - 44 - 2498 4821 BANGALORE Suite 920, Level 9, or decree of the Family Court. Raheja Towers, 26-27, M G Road, Bangalore - 560 001. Tel: +91 - 80 - 6546 2400 • If the party desires, in camera proceedings COIMBATORE BB1, Park Avenue, can be conducted. • No party to a suit or proceeding under the # 48, Race Course Road, Coimbatore - 641018. Tel: +91 - 422 – 6552921 Family Court shall be entitled to be represented by a legal practitioner but the court may requisition the services of a legal EMAIL expert as amicus curae. info@altacit.com WEBSITE www.altacit.com
  12. 12. PROCEDURES CHENNAI3rd Floor, ‘Creative Enclave’,148-150, Luz Church Road, • Family Courts are free to evolve their Mylapore, Chennai - 600 004. Tel: +91 - 44 - 2498 4821 own procedure. BANGALORE Suite 920, Level 9, Raheja Towers, 26-27, M G Road, • Special emphasis is put on settling the disputes by mediation and conciliation. Bangalore - 560 001. Tel: +91 - 80 - 6546 2400 COIMBATORE • The aim of these courts is to form a BB1, Park Avenue, # 48, Race Course Road, Coimbatore - 641018. Tel: +91 - 422 – 6552921 congenial atmosphere where family disputes are resolved amicably. • The cases are kept away from the trappings of a formal legal system. EMAIL info@altacit.com WEBSITE www.altacit.com
  13. 13. PROCEDURE contd…. CHENNAI3rd Floor, ‘Creative Enclave’,148-150, Luz Church Road, • Disputes are first referred to conciliation and only when the conciliation proceedings fail to Mylapore, Chennai - 600 004. Tel: +91 - 44 - 2498 4821 BANGALORE Suite 920, Level 9, resolve the issue successfully, the matter taken up for trial by the Court. Raheja Towers, 26-27, M G Road, Bangalore - 560 001. Tel: +91 - 80 - 6546 2400 COIMBATORE BB1, Park Avenue, • The Conciliators are professionals who are # 48, Race Course Road, Coimbatore - 641018. Tel: +91 - 422 – 6552921 appointed by the Court. • Once a final order is passed, the aggrieved party has an option of filing an appeal before the High Court. Such appeal is to be heard by EMAIL a bench consisting of two judges. info@altacit.com WEBSITE www.altacit.com
  14. 14. DRAWBACKS OF FAMILY COURTS CHENNAI • In many family courts the3rd Floor, ‘Creative Enclave’,148-150, Luz Church Road, Mylapore, counsellers are changed very Chennai - 600 004. Tel: +91 - 44 - 2498 4821 BANGALORE frequently. People find it difficult Suite 920, Level 9, Raheja Towers, 26-27, M G Road, Bangalore - 560 001. to repeat their case to new Tel: +91 - 80 - 6546 2400 COIMBATORE BB1, Park Avenue, # 48, Race Course Road, Coimbatore - 641018. Tel: +91 - 422 – 6552921 counsellers. • It doesn’t explicitly empower Courts to grant injunctions to EMAIL info@altacit.com prevent domestic violence. WEBSITE www.altacit.com
  15. 15. DRAWBACKS OF FAMILY COURTS contd… CHENNAI3rd Floor, ‘Creative Enclave’,148-150, Luz Church Road, • Since the Family Court has restrictive jurisdiction and does not have the power to Mylapore, Chennai - 600 004. Tel: +91 - 44 - 2498 4821 BANGALORE Suite 920, Level 9, decide issues of contempt, people do not seem to take the court as seriously as they Raheja Towers, 26-27, M G Road, Bangalore - 560 001. would a magistrate or a city civil court. Tel: +91 - 80 - 6546 2400 COIMBATORE BB1, Park Avenue, # 48, Race Course Road, Coimbatore - 641018. Tel: +91 - 422 – 6552921 • Different High Courts have laid down different rules of the procedure. However, this lack of uniformity could also be one of the reasons behind the fact that family EMAIL disputes are still being heard by civil courts. info@altacit.com WEBSITE www.altacit.com
  16. 16. DRAWBACKS OF FAMILY COURTS contd… CHENNAI3rd Floor, ‘Creative Enclave’,148-150, Luz Church Road, • Many of the family courts insist on Mylapore, Chennai - 600 004. Tel: +91 - 44 - 2498 4821 parties engaging advocates. This defeats the purpose of family courts. BANGALORE Suite 920, Level 9, Raheja Towers, 26-27, M G Road, • Substantive law cannot be ignore in Bangalore - 560 001. Tel: +91 - 80 - 6546 2400 COIMBATORE BB1, Park Avenue, # 48, Race Course Road, Coimbatore - 641018. family courts since may of the husbands take the advantage of going to family Tel: +91 - 422 – 6552921 courts to avoid giving maintenance to wife and children. EMAIL info@altacit.com WEBSITE www.altacit.com
  17. 17. CONCLUSION CHENNAI3rd Floor, ‘Creative Enclave’,148-150, Luz Church Road, Mylapore, Once the drawbacks prevailing in respect Chennai - 600 004. Tel: +91 - 44 - 2498 4821 BANGALORE Suite 920, Level 9, Raheja Towers, 26-27, M G Road, to the Family Courts are overcome, the Family Courts can act as effective means Bangalore - 560 001. Tel: +91 - 80 - 6546 2400 COIMBATORE BB1, Park Avenue, # 48, Race Course Road, Coimbatore - 641018. to adjudicate familial issues congenially. Effective laws (or even amendments) Tel: +91 - 422 – 6552921 need to be made to make it more coercive on the accused. EMAIL info@altacit.com WEBSITE www.altacit.com
  18. 18. CHENNAI3rd Floor, ‘Creative Enclave’,148-150, Luz Church Road, Mylapore, Chennai - 600 004. Tel: +91 - 44 - 2498 4821 BANGALORE Suite 920, Level 9, Raheja Towers, 26-27, M G Road, Bangalore - 560 001. Tel: +91 - 80 - 6546 2400 COIMBATORE BB1, Park Avenue, # 48, Race Course Road, Coimbatore - 641018. Tel: +91 - 422 – 6552921 EMAIL info@altacit.com WEBSITE www.altacit.com

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