Indian Journal for Research in Law and Management

Advancing Law and Management

ISSN No. : 2583-9896

Role of Family Courts in India

📄 Download Full PDF

Cite this Article

Charul Rathore (2026). Role of Family Courts in India. The Indian Journal for Research in Law and Management, Volume IV(Issue 1). Retrieved from https://ijrlm.com/journal/role-of-family-courts-in-india/

Abstract

Family Courts play a significant role in India’s justice delivery system by providing a specialised and conciliatory mechanism for resolving matrimonial and family disputes. Established under the Family Courts Act, 1984, these courts aim to promote reconciliation, mediation, confidentiality, and child welfare. However, their practical functioning raises concerns regarding accessibility, procedural efficiency, institutional capacity, and timely justice. This study examines the jurisdiction and functioning of Family Courts in India, focusing on the Family Courts Act, 1984, relevant personal laws, and constitutional principles. It analyses their jurisdiction over divorce, judicial separation, maintenance, child custody, guardianship, legitimacy, and property disputes between spouses. Particular attention is given to counselling, conciliation, mediation, and in-camera proceedings. Significant judicial decisions, including *K.A. Abdul Jaleel v. T.A. Shahida*, *Amardeep Singh v. Harveen Kaur*, *Gaurav Nagpal v. Sumedha Nagpal*, and *Rajnesh v. Neha*, are examined to understand judicial approaches towards family dispute resolution, child welfare, and maintenance. The research adopts a doctrinal and socio-legal methodology, relying on statutory provisions, constitutional principles, judicial precedents, Law Commission reports, academic literature, and available judicial statistics. It evaluates Family Courts in light of Articles 14, 15, 21, and 39A of the Constitution of India. The study identifies judicial vacancies, prolonged case pendency, inadequate infrastructure, shortages of trained counsellors, regional disparities, and limited digital integration as major challenges. It also highlights the need to balance reconciliation with individual autonomy, gender justice, and the protection of vulnerable parties. The analysis underscores the importance of institutional reforms, accessible legal aid, effective case management, and timely disposal of family disputes to strengthen the delivery of family justice in India.

Journal Information

The Indian Journal for Research in Law and Management
ISSN No.
2583-9896
Submit Manuscript
Licensing
All research articles published in The Indian Journal for Research in Law and Management are fully open-access. i.e. immediately freely available to read, download, and share. Articles are published under the terms of a Creative Commons license, which permits use, distribution, and reproduction in any medium, provided the original work is properly cited.
Disclaimer
The opinions expressed in this publication are those of the authors. They do not purport to reflect the opinions or views of the IJRLM or its members. The designations employed in this publication and the presentation of material therein do not imply the expression of any opinion whatsoever on the part of the IJRLM.

Article Analytics

22
Page Views
0
Downloads