Family Courts Act, 1984 -- Preamble - Establishment of Family Courts with view to promote conciliation in and secure speedy settlement of disputes relating to marriage and family affairs and for matters connected therein - (Majority View Per Dipak Mishra, CJ. and A.M.Khanwilkar)...........
Family Courts Act, 1984, Section 7 -- Jurisdiction - Act confers power in Family Court to exercise jurisdiction exercisable by any district court or any subordinate civil court under any law relating to suit or proceeding between parties to marriage or decree of nullity of marriage declaring marriage to be null and void or annulling marriage, as case may be, or restitution..........
Family Courts Act, 1984, Section 7 -- Jurisdiction - Family Court has authority to declare as to validity of marriage so as to annul matrimonial status of any person and also power to entertain proceeding with respect to property of parties to marriage or either of them - Family Court has jurisdiction to pass an order or injunction in circumstances arising out of marital..........
Family Courts Act, 1984, Section 9, 10, 11, Hindu Marriage Act, 1955, Section 22, 23(2) -- Proceedings in camera - Video Conferencing - Reconciliatory measures are to be taken at first instance and emphasis in on efforts for reconciliation failing which court should proceed for adjudication and command on Family Court is to hold it in camera if either party so desires -..........
Hindu Marriage Act, 1955, Section 26 -- Custody of Child - Welfare of child is paramount and seminal - It is inconceivable to ignore its importance and treat it as secondary - Interest of child in all circumstances remains vital and Court has very affirmative role in that regard - Having regard to nature of interest of child, role of Court is extremely sensitive and it is..........
Family Courts Act, 1984, Section 11, Hindu Marriage Act, 1955, Section 22 -- Proceedings in camera - Video Conferencing - Provision mandates proceedings to be held in camera if one of parties so desires - Proceedings to be held in camera and any matter in relation to any such proceedings may not be printed to published except judgment of High Court of Supreme Court with..........
Family Courts Act, 1984, Section 7, 8, 9, 10, 11, Hindu Marriage Act, 1955, Section 22, 19, 23(2), Civil Procedure Code, 1908, Section 24, Order 18, Rule 3, 4 -- Matrimonial case - Recording of evidence through video conferencing - Once settlement fails and if both parties give consent that witness can be examined in Video Conferencing that can be allowed - (Majority View..........
Family Courts Act, 1984 -- Object and Reasons - Family Courts have been established with view to promote conciliation in and secure speedy settlement of disputes relating to marriage and family affairs "and for matters connected therewith" - (Dissenting View Per Dr.D.Y.Chandrachud, J.)...........
Family Courts Act, 1984, Section 9, Hindu Marriage Act, 1955, Section 23(2) -- Reconciliation - It is general belief that process of reconciliation requires physical presence of both parties at same place and at same time - Physical presence of both parties together is emphasized since it is perceived that when parties are alone together they are able to strike an..........
Family Courts Act, 1984, Section 7, 8, 9, 10, 11, Hindu Marriage Act, 1955, Section 22, 19, 23(2), Civil Procedure Code, 1908, Section 24, Order 18, Rule 3, 4 -- Matrimonial case - Recording of evidence through video conferencing - "Footage in Video Conferencing becomes part of the record" is incorrect - Discussions relayed through Video Conferencing in course of..........
