un_animous (.) 30 September 2012

What is a family court and how is it diff from Civil court?

Sirs, What is the difference between family courts and civil courts? Can someone please explain me the following : (https://www.lawyersclubindia.com/mobile/forum/details.asp?mod_id=21575) 2. Yes, Family Court once established has overriding effects on ordinary civil court jurisdiction. This is the matter I hv filed at Delhi HC in my case which was filed by my wife but at District Court not at Family court where it should be ordinarily transferred to once Family Court has been establised which is what S. 7 (1) read withS. 8 (ii) Family court Act states. Thanks

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Tajobsindia (Senior Partner ) 30 September 2012

The placed Link and details therein are self sufficient to understand, however in short explained herein also as; in a place (city) where population is more than 1 million Family Courts are established since 14^th. Sept. 1984 from time to time as a separate Court complex and same place with same space of population can also have District Courts too running side by side but the moment any new Family Court gets established there, all pending Civil / CrPC matters files related to “family” matters except ‘Succession’ matters gets transferred before Family Court to adjudicate upon and all fresh matters gets to be filed in Family Court once Central Government Circular via State HC's gets Gazette Notified for litigants / legal fraternity to follow upon. Central Government can makes Rules regarding State’s Family Court functioning from time to time.

Before Family Court were established all family related civil / criminal family matters were dealt by District Courts having both Civil (Matrimonial as they are called) Courts as well as before Magistrate (Mahila as they are referred to) Courts by giving them additional charge to try out “family” related disputes.

"Family" is not defined in Family Courts Act. It means and includes / inter-alia relates to suits between parties to a marriage or for a declaration as to the validity of marriage or a dispute with respect to the property of the parties, maintenance, guardianship etc. In addition, the jurisdiction exercisable by a First Class Magistrate under Chapter IX of the Cr.P.C. i.e. relating to order for maintenance of wife, children or parents, has also been conferred on the family court. Hence, pressure is on Central Government to include PWDVA, 2005 (The Act, 2005) to include in cases under disposal under Family Court Act and my guess is by mid next year it will shift from Magistrate Courts to Family Court wherever by this predicted time Family Courts are functioning.

Now, what are the specifics of your facts here as exact detailed difference runs into some 61 pages which are purely academic in nature with technical legal wordings and we suggest any ordinary litigant not to get into academicc while in pursuit of his litigations matters more so said / applicable to ordinary spouses cases J

un_animous (.) 30 September 2012

@tajobsindia thank you for the detailed descripttion. So this means that the family court is higher in hierarchy as compared to civil district courts especially for matrimonial cases.? If both civil district court and family court are there in the same area then ideally the divorce petition should be heard in the family court and not in the civil district court. "And" If there is a family court in my area then i should request the district court to transfer the petition to family court. Is that correct?