Family Court Referencer

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COMMENTJurisdiction of the Family Court

S7. Jurisdiction.—(1) Subject to the other provisions of this Act, a Family Court shall—
(a) have and exercise all the jurisdiction exercisable by any district court or any subordinate civil court under any law for the time being in force in respect of suits and proceedings of the nature referred to in the Explanation; and
(b) be deemed, for the purposes of exercising such jurisdiction under such law, to be a district court or, as the case may be, such subordinate civil court for the area to which the jurisdiction of the Family Court extends.
Explanation.—The suits and proceedings referred to in this sub-section are suits and proceedings of the following nature, namely:—
(a) a suit or proceeding between the parties to a marriage for a decree of nullity of marriage (declaring the marriage to be null and void or, as the case may be, annulling the marriage) or restitution of conjugal rights or judicial separation or dissolution of marriage;
(b) a suit or proceeding for a declaration as to the validity of a marriage or as to the matrimonial status of any person(c) a suit or proceeding between the parties to a marriage with respect to the property of the

(c) a suit or proceeding between the parties to a marriage with respect to the property of the parties or of either of them;
(d) a suit or proceeding for an order or injunction in circumstance arising out of a marital relationship;
(e) a suit or proceeding for a declaration as to the legitimacy of any person;
(f) a suit or proceeding for maintenance;
(g) a suit or proceeding in relation to the guardianship of the person or the custody of, or access to, any minor.
(2) Subject to the other provisions of this Act, a Family Court shall also have and exercise
(a) the jurisdiction exercisable by a Magistrate of the first class under Chapter IX (relating to order for maintenance of wife, children and parents) of the Code of Criminal Procedure, 1973 (2 of 1974); and
(b) such other jurisdiction as may be conferred on it by any other enactment.

  • Duty of Family Court to make efforts for settlement

COMMENTS 10 Procedure of Family court —(1) Subject to the other provisions of this Act and the rules, the provisions of the Code of Civil Procedure, 1908 (5 of 1908) and of any other law for the time being in force shall apply to the suits and proceedings [other than the proceedings under Chapter IX of the Code of Criminal Procedure, 1973 (2 of 1974)] before a Family Court and for the purposes of the said provisions of the Code, a Family Court shall be deemed to be a civil court and shall have all the powers of such court.
(2) Subject to the other provisions of this Act and the rules, the provisions of the Code of Criminal Procedure, 1973 (2 of 1974) or the rules made thereunder, shall apply to the proceedings under Chapter IX of that Code before a Family Court.
(3) Nothing in sub-section (1) or sub-section (2) shall prevent a Family Court from laying down its own procedure with a view to arrive at a settlement in respect of the subject-matter of the suit or proceedings or at the truth of the facts alleged by the one party and denied by the other

Judicial Process Flow Chart attention

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The Family Courts Act, 1984

  • Family Court Act to have overriding effect
  • An appeal shall lie from every judgment or order within a period of thirty days from the date of the judgment or order of a Family Court, not being an interlocutory order,  to the High Court both on facts and on law.
  • No  revision shall lie to any court from any judgment, order or decree of a Family Court
  • Appeal shall be heard by a division bench

BULLET 2Domestic and Family Law in India

BULLET 2Introduction to Islamic Law

BULLET 2Muslim Law in India

BULLET 2  Law Relating  to Domestic violence

  • Domestic Violence Act is to get Compensation and not Maintenance.

BULLET 2Maintenance under section 125 of Criminal Procedure Code

  • Sec 125 Proceeding is to get Allowance for maintenance based on neglecting or refusing behavior of spouse or and not to get Alimony.
  • The procedure of summons-case shall not be applied , if the complaint preferred before a Family Court.
  • Sec 125 proceeding has no over riding effect over Hindu Adoptions and Maintenance Act, 1956, but the later avail the same. Sec 125 is procedural law , whereas HAMA 1956 is substantive law. 

BULLET 2The Mental health Care Act 2017

BULLET 225% of gross salary shall be awarded maintenance to the spouse vide Supreme Court Judgment in  Kalyan Dey Chowdhury vs. Rita Dey Chowdhury Nee Nandy  [19.04.2017]

BULLET 2The practice of ‘talaq-e-biddat’ – triple talaq is set aside and declared as null and void by Shayara Bano versus Union of India and others -August 22, 2017

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COMMENTThe principle of Hindu law: It is a settled principle of Hindu law that there lies a legal presumption that every Hindu family is joint in food, worship and estate and in the absence of any proof of division, such legal presumption continues to operate in the family. The burden, therefore, lies upon the member who after admitting the existence of jointness in the family properties asserts his claim that some properties out of entire lot of ancestral properties are his self-acquired property[Adiveppa & Ors.VERSUS Bhimappa & Anr 6th September 2017]

BULLET 2Section 13B(2) of the Hindu Marriage Act –Six month Cooling period- the period mentioned in Section 13B(2) is not mandatory but directory, it will be open to the Court to exercise its discretion in the facts and circumstances of each case where there is no possibility of parties resuming cohabitation and there are chances of alternative rehabilitation.The waiver application can be filed one week after the first motion giving reasons for the prayer for waiver. Needless to say that in conducting such proceedings the Court can also use the medium of video conferencing and also permit genuine representation of the parties through close relations such as parents or siblings where the parties are unable to appear in person for any just and valid reason as may satisfy the Court, to advance the interest of justice. [Amardeep Singh Versus Harveen Kaur SEPTEMBER 12, 2017]

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Pleading Format

IN THE LD FAMILY COURT, KOLKATA
FULL NAME OF PETITIONER:
V/S
FULL NAME OF RESPONDENT:

INDEX
SL.NO PARTICULARS -PAGE NUMBER
1 ROZNAMA[List of dates]
2 PETITION
3 SUPPORTING AFFIDAVIT
4 MEMO OF ADDRESS
5 LIST OF DOCUMENTS
6 APPLICATION FILED BY PETITIONER FOR ENGAGING AN ADVOCATE
7 VAKALATNAMA
8 COURT FEE & PROCESS FEE

IN THE LD FAMILY COURT, KOLKATA

FULL NAME OF PETITIONER:
AGE: OCCUPATION:
RESIDENTIAL ADDRESS:
BLDG NUMBER & ROOM
NUMBER
NAME OF BUILDING
STREET & NEAREST LAND
MARK
TALUKA & DISTRICT
PIN CODE
EMAIL -ID
MOBILE NUMBER
V/S
NAME OF RESPONDENT
AGE: OCCUPATION:
RESIDENTIAL ADDRESS:
BLDG NUMBER & ROOM
NUMBER
NAME OF BUILDING
STREET & NEAREST LAND
MARK
TALUKA & DISTRICT
PIN CODE
EMAIL -ID
MOBILE NUMBER

UNDER SECTION ———

THE PETITIONER ABOVE NAMED MOST RESPECTFULLY AS UNDER

1] The marriage solemnised between petitioner and Respondent on DD/MM/YYYY at …..(PLACE) as per ……(rituals Hindu/Christian/Special etc)

2] Original Petition Number
3] Date of Judgement
4] Reason for application :
Modification/Enhancement of Maintenance Order
Cancellation of Maintenance Order
Set Aside of the Ex-Parte Order/Judgement dated DD/MM/YYYY
Delay Condonation Application with Ex-Parte Order/Judgement dated DD/MM/YYYY
Restoration of Original Petition

4] Monthly Income of Both the parties
5] Jurisdiction:

As per Section 126 of the Criminal Procedure Code Court having jurisdiction to entertain application
1. where he is, or
2. where he or his wife resides, or
3. Where he last resided with his wife, or as the case may be, with the mother of the illegitimate child.

6] There is no collusion or connivance between the parties
7] There is no any proceeding pending in this Court, or any other Court (if yes, then Court Number, Petition number, Name of the Court, Next Date)

8] Court Fee
Petitioner Male: Rs 10/- Court fee stamp & Rs. 50/- process fee
Petitioner Female: Rs. 50/- process fee and averment of being lady exemption on Court fee stamp
9] Statement: The petitioner crave, leave, to add to amend or delete any of the ground, of the petition, as and when required

IT IS THEREFORE PRAYED THAT

a.Order…

b.Order….

Signature of Petitioner

VERIFICATION
I, (FULL NAME) do hereby solemnly state and declare that, whatever is stated in petition in above mentioned para 1 to…. of the petition is true and correct, to the best of my knowledge and belief Signature of Petitioner

Identified and explained by me
Signature of Advocate

(In case of self represented parties Original documents+1 copy, for identification)
(Rs 5/- Court fee on Verification)

IN THE LD FAMILY COURT, AT KOLKATA
Full name of Petitioner
V/S
Full name of respondent

MEMORANDUM OF ADDRESS

RESIDENTIAL ADDRESS OF PETITIONER:
BLDG NUMBER & ROOM
NUMBER
NAME OF BUILDING
STREET & NEAREST LAND
MARK
TALUKA & DISTRICT
PIN CODE
EMAIL -ID
MOBILE NUMBER

                            Signature of Petitioner

DATE:
PLACE:

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