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Family Court Act

V.S.Babu Gireesan
Last updated: 03 September 2008
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FUNCTIONING OF FAMILY COURT AND THE RESULT NOW ENSUING

 

  1. Family is the smallest unit in the society. Unity in the families is a social need.

 

  1. The introduction for Order 32 A in CPC in the year 1976 to give more attention to the matrimonial disputes by the common courts was found to be inadequate and so the family courts act is introduced and special courts are established.
  2. The main objective was to give every effort to avoid the matrimonial  disputes and to bring unity.
  3. But the functioning with all inadequacies of the infrastructure and the easy access for the litigation furiating by many factors including the laws makes the parties absolute enemies once and forever and the dissolution is the easy way than uniting the parties.
  4. A casual general attention in individual issues of different causes gives only a general negative than positive in the social point of view.
  5. The personal laws provides grounds for divorce and mooting the specific grounds and asserting before the court and analyzing the truth by a court of law within the frame work of procedure can only say allegation is proved or not.
  6. It is most desirable to have an elementary scrutiny of the dispute by an effective counseling to search out the possibility of removing the ill feelings and in the initial stage of dispute before getting worsened, can make the parties aware of their wrongs against them.
  7. The vices alone are before the court and the virtues and the social need of unity are out of concern.
  8.  In the matter of matrimonial dispute the social responsibility of the greatful state is very high and the Law is to be modified to meet the purpose. Otherwise the generation will be from the nursery of troubled atmosphere getting denied the right of fondling from the own parents.

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