Family Disputes Lawyer
Introduction
The number of family disputes is continuously increasing in today's modern era. Although marriage in India is considered a sacred bond, this holy relationship often breaks down for various reasons. This mutual dispute often reaches such a situation that it becomes impossible to resolve it through mutual discussion.
There are different types of courts in India. One of those courts is also a family court. Before the concept of the Family Court, all civil courts used to function as Family Courts. It has been called a family court because it works to settle disputes in people's homes and families. In the disputes that happen in the family, mainly there are disputes between husband and wife. Before the introduction of the Family Court Act, the Civil Court used to have jurisdiction in these disputes.
In 1984, the Government of India brought the Family Court Act to Parliament. Through this act, a separate court was created to settle family disputes. Family disputes also used to get stuck in civil courts for years, and the parties could not get justice. The government has brought the Family Court Act of 1984 to deal with this problem.
The process of civil cases is a bit long, due to which justice is only available slowly. In contrast, in family courts, after filing any case, the process related to the hearing is over very quickly, and the parties get a quick decision.
What types of cases does the Family Court deal with?
The Family Court deals with the following types of cases:
• Child Custody: The Family Court has the power to award the custody of the child to an appropriate person and to make that proper person the guardian of a minor. Child custody cases are filed in the family court where the child usually resides. For example, if the father lives in Uttar Pradesh and the mother lives in Mumbai with the minor child, and the father wants custody of the child, then the father has to file a case in the Family Court of Mumbai. The Family Court also deals with cases related to juvenile delinquency. It also covers foster care approval and reviews matters.
• Domestic Violence / Protection Orders: In the Family Court Act, no provision has been made regarding cases of domestic violence in cases of domestic violence. However, there is a provision under the Protection of Women from Domestic Violence Act, 2005 (DV Act), according to which the family court can try cases related to domestic violence. Day by day, domestic violence against women is coming to the fore. Due to this, the Domestic Violence Act was brought in 2005. Under which a case should be registered against the violence against women at home.
• Divorce: India is one of the most populous countries, and the number of married couples is relatively high here. Due to more married couples, there are more chances of disputes between their families. In such a situation, he can file a case in the Family Court for settlement of disputes. In India, the Family Court can entertain appeals from divorce decrees under various Acts such as the Dissolution of Muslim Marriage Act, 1939, the Muslim Women (Protection of Rights on Divorce) Act, 1986, and the Parsi Marriage and Divorce Act, 1936. Divorce Act 1869, Special Marriage Act 1954, Foreign Marriage Act 1969, etc. One can file an appeal for divorce under the Hindu Marriage (Validation of Proceedings) Act, 1960, for the dissolution of Hindu marriage. Matters related to marriage between husband and wife, such as declaring a marriage void or questioning the validity of marriage, judicial separation, and divorce matters, go to the family court.
• Restitution of Conjugal Rights and Maintenance matters: Cases of restitution of conjugal rights and wife maintenance after divorce are also dealt with through the Family Court. Their application is made through the family court only. When the decision given by the Family Court is not acceptable to the other party, then the matter goes to the High Court.
• Property Dispute: As per Explanation (c) to section 7(1) of the Family Courts Act, the Family Court has jurisdiction over disputes relating to the parties' property to the marriage. Generally, disputes between the parties to a marriage arise when a decree of divorce is passed. A Family Court can entertain a suit or proceeding relating to property disputes of the parties to a marriage, subject to the fulfillment of two conditions:
1. Such dispute must have arisen only between the parties to the marriage
2. Such dispute must have occurred on account of the property of either party.
• Suits regarding the declaration of a person's filial piety: Litigation about the declaration of filial piety of a person: If any spouse has filial piety after marriage, then the family court also deals with it.
How does the Family Court Operate?
• The Family Court has the right and powers to make provisions for its operation.
• By the powers conferred on the Family Court, it can receive any document or statement, even if it is not admissible under the Indian Evidence Act 1872.
• The enforcement of the orders of the Family Court is under the Code of Civil Procedure, 1908.
Features of Family Court: According to the Family Court Act 1984, the main features of this court are as follows:
• Under the Family Court Act, there is a provision for the establishment of Family Courts by the State Governments with the consent of the High Court.
• Under this act, it is necessary to establish one family court in an area with more than 1 lakh population.
• Judges, that is, judges for this court, are appointed by the state governments with the consent of the High Court.
• The Family Court has the same powers as a Civil Court, which makes the settlement legal.
• The Family Court has the power to decide on the custody of the child when the husband and wife separate.
• According to this act, you can take advice from any legal expert as an amicus curia, but he cannot represent on behalf of any party.
Are family law court files confidential?
Family Court files and Supreme Court matrimonial files are confidential. Only the parties, their attorneys, or anyone with a written authorization signed by either party may have access to them.
Why do we need a family lawyer?
The most common reasons to hire a family law attorney include the following:
• The Family Court Act was passed in 1984 to bring about conciliation and settlement in marriage and family matters and settle disputes quickly. Under this act, family courts have been established in every city.
• While the Family Court can handle related matters such as child support and Custody, divorce matters are heard by the Court.
• Mainly these cases are heard by a family court. The Family Courts hear all these cases in cities with more than one million. In cities where Family Courts have yet to be established, these cases are heard by the Civil Courts. The procedure is different when the Civil Courts hear these cases, and the procedure is different when they are heard in the Family Court.
Why choose Vakilkaro?
When such issues come inside someone's family, then they are surprised. At this time, they go through a sensitive situation. They need to use their brains and hire a good family lawyer in such a situation. One should approach the best family dispute lawyer who can resolve the issues efficiently and quickly. If you face such a complicated situation, you do not need to be afraid or panic. It would help if you searched online for a 'family dispute lawyer near me' while sitting at your home. You will find the best family lawyers in India with Vakilkaro, who will guide you with the correct opinion and get your case resolved at the earliest.
Advocates at Vakilkaro are experts in handling family dispute law. Vakilkaro is a perfect blend of the best professionals from across the globe. We have the best family property dispute lawyer team. We guarantee service at the lowest and most reasonable rates in India. Suppose you want to file a case in the family court and look for a trusted law firm to help you throughout the legal process and guide you according to your need, then contact toady Vakilkaro. Only the best Vakilkaro advocate can help you in that case because only Vakilkaro has India's top lawyers related to a family dispute.
Contact the best Family Dispute Lawyer in Vakilkaro today. You can give us a call at 9828123489 or may write an Email also at help@vakilkaro.co.in. We are here to serve you 24/7.
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+91 9828123489
+91 9828123489
help@vakilkaro.co.in
+91 9828123489
help@vakilkaro.co.in