1. Comprehensive Jurisdiction under Section 7
Section 7 of the Family Courts Act 1984 confers exclusive civil and criminal jurisdiction, taking away the authority of ordinary Civil Courts and Judicial Magistrates over matrimonial matters:
Matters Solely Triable by Family Courts
- Matrimonial Relief: Suits or proceedings for restitution of conjugal rights (HMA §9), judicial separation (HMA §10), nullity of marriage (HMA §11/§12), and divorce (HMA §13/§13B).
- Validity & Marital Status: Declaratory suits concerning the lawful validity of a solemnized marriage or matrimonial status of any individual.
- Spousal Property Disputes: Suits between the parties to a marriage regarding title, ownership, or partition of properties acquired before or during coverture.
- Injunctions Arising from Matrimony: Restraining harassment, domestic dispossession, or alienation of joint assets.
- Maintenance & Support: Jurisdiction to award maintenance under Section 125 of CrPC / Section 144 of BNSS 2023, Section 24 and 25 of HMA 1955.
- Child Custody & Guardianship: Applications under the Guardians and Wards Act 1890 and Hindu Minority and Guardianship Act 1956 for custody, visitation, and access to minors.
2. The Mandatory Duty to Endeavor Conciliation (Section 9)
Unlike traditional civil suits where litigation immediately proceeds to issues and evidence, Section 9 of the Family Courts Act mandates that in the first instance, the Family Court Judge must make every endeavor to assist and persuade the parties in arriving at an amicable settlement:
- Referral to Court Counsellors: Professional marriage counsellors attached to the Family Court conduct confidential sessions with the husband and wife to explore genuine reconciliation.
- Confidentiality of Discussions: Statements, concessions, or admissions made by either spouse before the counsellor during conciliation proceedings are strictly privileged and cannot be used as evidence against them if litigation resumes.
- District Mediation Center Referral: Where initial counselling identifies room for a holistic settlement (including lump-sum permanent alimony, child custody arrangements, and mutual consent divorce under Section 13B), matters are formally referred to trained judicial mediators.
3. The Supreme Court Maintenance Mandate: Rajnesh v. Neha
Quantification of interim maintenance under Section 24 HMA or Section 144 BNSS is governed by the landmark Supreme Court ruling in Rajnesh v. Neha (2020) 13 SCC 774 and reaffirmed in Aditi v. Jitesh (2023):
Mandatory Affidavit of Assets and Liabilities
Both spouses are required by law to file a detailed, sworn Affidavit of Assets and Liabilities covering:
- All sources of monthly income, salaries, allowances, business profits, and agricultural yields.
- Complete bank accounts, fixed deposits, mutual funds, gold holdings, and immovable properties.
- Monthly personal expenses, school fees of minor children, medical overheads, and rental commitments.
- Past 3 years Income Tax Returns (ITR) and bank account statements.
Litigation Consequence: Failure to file the affidavit or making deliberate misstatements invites drawing of adverse inferences and prosecution under Section 340 CrPC / Section 215 BNSS for perjury.
4. Flexible Evidentiary Standards (Sections 14 & 15)
Recognizing the intimate and private nature of family disputes, Section 14 of the Act relaxes the strict rules of the Indian Evidence Act / BSA 2023. A Family Court may receive as evidence any report, statement, document, information, or matter that may, in its opinion, assist it to deal effectually with a dispute, whether or not the same would be otherwise admissible in ordinary courts.
5. In-Camera Proceedings (Section 11)
To preserve domestic dignity, safeguard minor children, and avoid public exposure, Section 11 directs that proceedings may be held in camera (in the private chambers of the Judge with no public presence) if the Court so desires, and MUST be held in camera if either party specifically requests.
6. Appellate Remedies before High Court (Section 19)
Appeals from orders and judgments of Family Courts follow a specialized statutory route:
- Every appeal from a final judgment or decree of a Family Court lies directly to a Division Bench (Two Judges) of the High Court (Rajasthan High Court at Jodhpur).
- The statutory limitation period for filing an appeal is strictly 30 days from the date of the decree or order.
- No appeal lies against an interlocutory order (e.g. routine adjournment or preliminary order), though orders granting interim maintenance or child visitation are treated as substantive intermediate orders subject to supervisory writ jurisdiction under Article 227 of the Constitution.
Frequently Asked Questions on Family Court Practice
While Section 13 of the Family Courts Act states that no party is entitled as of right to be represented by a legal practitioner without the Court's permission, in practical judicial practice across Rajasthan, Family Courts routinely grant permission upon an application, or permit advocates to assist the parties as Amicus Curiae or authorized legal representatives, particularly in complex matters involving maintenance, property, or child custody.
Yes. In the landmark case of Amardeep Singh v. Harveen Kaur (2017) 8 SCC 746, the Supreme Court held that the 6-month cooling-off period under Section 13B(2) of the Hindu Marriage Act is directory and not mandatory. Family Courts have the discretion to waive this period if the parties have lived separately for over a year and all issues of alimony, property, and child custody have been conclusively settled.