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Reforming India's family court system: An urgent
The Business Guardian
|December 16, 2024
The tragic incident of Atul Subhash, a Bengaluru-based technology expert who allegedly took his own life due to mounting stress caused by legal battles in family court, has sparked much debate on the fairness and effectiveness of India's judicial system ("The Family Court") in settling family disputes.
While family courts were established to ensure faster and more amicable settlements, incidents like this highlight the inherent flaws that need to be addressed immediately. The current legislation needs a review and the introduction of wide reforms to ensure equity for all stakeholders, especially in delicate marital issues.
Magnificent view as to the existing legal framework (Family Courts Act, 1984): Scaling on the Constitutional measures Family courts in India operate under the provisions of the Family Courts Act, 1984. The Act was enacted with the intent of promoting conciliation and speedy disposal of the cases related to marriage, child custody, and maintenance. Section 9 of the Act mandates that the family courts shall make efforts to settle the disputes amicably before proceeding with the formal hearings. The philosophy is to reduce contentious litigation and promote reconciliation as far as possible.
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