Commentary on The Family Courts Act, 1984

This book offers a comprehensive commentary on the Family Courts Act, 1984, providing an in-depth exploration of its provisions, scope, and practical implications. It meticulously covers key aspects such as the establishment, jurisdiction, and procedures of Family Courts, with detailed discussions on critical topics like marriage, divorce, maintenance, child custody, and related legal frameworks, including the Hindu Marriage Act, 1955, Muslim Women (Protection of Rights on Divorce) Act, 1986, and the Protection of Women from Domestic Violence Act, 2005. The book includes a thorough analysis of jurisdictional nuances, the role of counselors and social welfare agencies, and procedural aspects like in-camera proceedings and settlement efforts.

With references to relevant case law, recent judgments, and comparative insights into the interplay between the Family Courts Act and other statutes, it serves as an invaluable resource for legal practitioners, judges, law students, and researchers seeking to navigate the complexities of family law in India.

Additionally, the book is enriched with practical tools, including model forms for petitions under various provisions of the Hindu Marriage Act and other related laws, as well as appendices containing Family Court Rules. It also addresses contemporary issues such as the constitutional validity of provisions, the overriding effect of the Act, and the application of the Bharatiya Nagarik Suraksha Sanhita, 2023, in maintenance proceedings.

Key Features:

• Detailed interpretation of provisions relating to jurisdiction, procedure, and powers of Family Courts, including in-camera trials and settlement efforts.
• Comparative analysis of interplay between the Family Courts Act and personal laws governing Hindus, Muslims, and other communities.
• Discusses family law concepts such as mental cruelty, res judicata, biological parent claims, custody disputes, and divorce by mutual consent.
• Includes model forms and petition formats under various provisions of the Hindu Marriage Act and other statutes.
• Provides Family Court Rules, drafting aids, and references to the role of counselors and social welfare agencies.
• Coverage of appeals and revisions, interlocutory orders, quashment of proceedings, and transfer of cases.

A must-have reference for advocates, family court practitioners, judges, law students, researchers, and counsellors working in matrimonial and child custody litigation.