Hindu Marriage Act & Family Courts: Legal Framework & Jurisdiction

INTRODUCTION

On September 14, 1984, the Family Courts Act 1984 was passed, establishing the family courts and encouraging mediation in the settlement of marital and family law disputes as quickly as possible. The primary goal of the Family Courts is to quickly resolve marriage cases by using a streamlined process. The Family Court hears issues pertaining to Section 125 of the Criminal Procedure Code as well as all marriage problems included in the Act’s explanation of Section 7(1). The goal of this act is to give all groups of people, regardless of caste, creed, or religion, access to a quick and efficient resolution process for all kinds of marriage problems under one roof.

Even if a statement or document is not admissible under the Indian Evidence Act of 1872, the Family Court may still accept it. The family court has the responsibility to settle the dispute through settlement and mediation. The Family Court’s order is enforced by using the provisions of the Code of Civil Procedure, 1908. Within 30 days of issuing the order or decision, family courts may directly appeal to the Hon’ble High Court. Such an appeal may be based on a factual or legal dispute. An order that is issued with the parties’ consent is not subject to appeal. The two cornerstones upon which the entire framework of family courts is based are counseling and conciliation.

TERRITORIAL JURISDICTION

Section 19 of the Hindu Marriage Act, 1955 (HMA) deals with territorial jurisdiction of Petitions filed under the Act. Every petition under this Act shall be presented to the district Court within the local limits of whose ordinary original civil jurisdiction –

the marriage was solemnized, or
the respondent, at the time of the presentation of the petition, resides, or
the parties to the marriage last resided together, or (iii) in case the wife is the petitioner, where she is residing on the date of presentation of the petition, or
the petitioner is residing at the time of the presentation of the petition, in a case where the respondent is, at that time, residing outside the territories to which this Act extends, or has not been heard of as being alive for a period of seven years or more by those persons who would naturally have heard of him if he were alive.

Section 19 of Hindu Marriage Act is quite a liberal provision. It enables both the parties to have convenience for contesting the matrimonial petition. Now, District Court as provided in above provision means Family Courts. They were established under The Family Courts Act, 1984 with a view to promote conciliation in, and secure speedy settlement of, disputes relating to marriage and family affairs.

Section 20 of the Hindu Marriage Act mandates that every petition presented under the Act must clearly outline the facts supporting the claim for relief, to the extent possible given the nature of the case. Additionally, except for petitions under Section 11, the petition must include a declaration that there is no collusion between the petitioner and the other party to the marriage. Furthermore, the statements made in the petition must be verified by the petitioner or another competent person in accordance with the legal requirements for verifying plaints. These verified statements can be referred to as evidence during the hearing of the case.

Section 21A of the Hindu Marriage Act addresses the procedure for handling multiple petitions for judicial separation or divorce. If a petition is filed by one party to a marriage in a district court seeking a decree for judicial separation under Section 10 or a decree of divorce under Section 13, and a subsequent petition is filed by the other party—either in the same or a different district court, within the same state or across states—then the petitions must be managed as follows. If both petitions are filed in the same district court, that court will try and hear both petitions together. If the petitions are filed in different district courts, the later petition must be transferred to the court where the earlier petition was filed, and both petitions will be heard and disposed of together by that court. The court or the relevant Government authority, as per the Code of Civil Procedure, 1908, is responsible for transferring the later petition to the appropriate district court.

Section 21B of the Hindu Marriage Act outlines special provisions for the trial and disposal of petitions. It stipulates that the trial of a petition should proceed daily until its conclusion, unless the court deems it necessary to adjourn the trial beyond the following day for recorded reasons. The petition must be tried as quickly as possible, with an effort to complete the trial within six months from the date the notice is served on the respondent. Similarly, any appeal under this Act should be heard expeditiously, with the aim of concluding the hearing within three months from the date the notice of appeal is served on the respondent.

PROCEEDINGS

Section 21C of the Hindu Marriage Act specifies that, despite any contrary provisions in other laws, no document shall be deemed inadmissible as evidence in proceedings related to the trial of a petition under this Act solely because it is not properly stamped or registered.

Section 22 mandates that all proceedings under the Act must be conducted in camera, meaning they are closed to the public. It is prohibited for anyone to print or publish any information related to these proceedings, except for judgments from the High Court or Supreme Court, which may be printed or published only with the court’s prior permission. Violating this prohibition by printing or publishing such information without authorization can result in a fine of up to one thousand rupees.

Section 23 outlines the conditions under which a court may grant relief in proceedings under the Act. If the court finds that the grounds for relief are established, and the petitioner is not using their own wrongdoing or disability to seek relief (except in specific cases mentioned), and if the petitioner has not been complicit in or condoned the acts leading to the petition (or, in cases of cruelty, has not condoned the cruelty), the court may proceed to grant relief. Additionally, if the petition is not made or pursued in collusion with the respondent, there is no undue delay in filing the petition, and no other legal reason exists for denying relief, the court shall issue the decree accordingly.

Before granting relief, the court must, where possible and appropriate, attempt to reconcile the parties, except in cases where relief is sought on specific grounds such as adultery or cruelty. To facilitate reconciliation, the court may adjourn the proceedings for up to fifteen days and refer the matter to a person named by the parties or appointed by the court, with instructions to report on whether reconciliation is possible. The court will consider this report when making its decision. Additionally, when a marriage is dissolved by divorce, the court must provide each party with a free copy of the decree.

RELIEF

Section 23A allows the respondent in proceedings for divorce, judicial separation, or restitution of conjugal rights to not only contest the relief sought by the petitioner on grounds such as adultery, cruelty, or desertion but also to file a counter-claim seeking relief on those same grounds. If the respondent successfully proves the petitioner’s adultery, cruelty, or desertion, the court may grant the respondent any relief under the Act that they would have been entitled to if they had originally filed a petition for that relief.

Section 25 provides that a court with jurisdiction under this Act may, either at the time of passing a decree or subsequently upon application, order the respondent to pay the applicant a lump sum or a monthly/periodic amount for maintenance and support. This support can be granted for a term not exceeding the applicant’s lifetime and will be determined based on factors such as the respondent’s income, property, the applicant’s income and property, the conduct of the parties, and other relevant circumstances. Payments may be secured by a charge on the respondent’s immovable property if necessary.

If there is a significant change in circumstances for either party after the order is made, the court can vary, modify, or rescind the order upon request. Additionally, if the party receiving maintenance remarries or, in the case of a wife, fails to remain chaste, or, in the case of a husband, engages in sexual relations outside of marriage, the court may also modify or rescind the order as it deems just.

ORDERS, DECREES & APPEALS

Section 26 empowers the court to issue interim orders and include provisions in the decree concerning the custody, maintenance, and education of minor children in any proceedings under the Act. The court is expected to consider the children’s wishes whenever possible and may continue to make or modify orders regarding their custody, maintenance, and education even after the decree is granted. This includes revoking, suspending, or altering any previous orders as necessary. Additionally, applications related to the maintenance and education of minor children pending during the proceedings should, as far as possible, be resolved within sixty days from the date the respondent is served notice.

Section 27 authorizes the court, in any proceeding under the Act, to make appropriate provisions in the decree regarding property presented around the time of marriage that is jointly owned by both the husband and the wife. The court will determine what is just and proper concerning the division or disposition of such property.

Section 28 outlines the procedures for appealing decrees and orders. Decrees issued by the court in any proceeding under this Act are appealable as decrees made in the court’s original civil jurisdiction, and appeals should be filed with the court to which appeals typically lie from such decisions. Similarly, orders made under Section 25 or Section 26, excluding interim orders, are also appealable to the appropriate court. However, there is no right of appeal solely regarding matters of costs. Appeals must be filed within ninety days from the date of the decree or order.

Section 28A stipulates that all decrees and orders issued by the court in any proceeding under this Act shall be enforced in the same manner as decrees and orders made by the court in the exercise of its original civil jurisdiction.

SAVINGS

Section 29 of the Hindu Marriage Act establishes several exceptions and clarifications. First, it affirms that a marriage between Hindus, validly solemnized before the Act’s commencement, remains valid regardless of whether the parties were from the same gotra or pravara, or from different religions, castes, or sub-divisions of the same caste. Second, the Act does not impact any rights established by custom or special laws related to the dissolution of Hindu marriages, whether these marriages occurred before or after the Act’s commencement. Third, the Act does not affect any ongoing proceedings under existing laws for declaring marriages null and void, annulling, dissolving, or seeking judicial separation, allowing these to continue as if the Act had not been enacted. Finally, the Act does not alter the provisions of the Special Marriage Act, 1954, concerning marriages between Hindus solemnized under that Act, either before or after the Hindu Marriage Act came into force.

CONCLUSION

The Family Courts Act of 1984 and the Hindu Marriage Act of 1955 collectively establish a comprehensive framework for addressing marital and family disputes in India. These legislative measures emphasize the importance of a swift and efficient resolution process through family courts, focusing on mediation, conciliation, and streamlined procedures to handle complex family matters. The Acts aim to make justice accessible to all, regardless of caste, creed, or religion, and to provide a supportive environment for resolving issues related to marriage, maintenance, custody, and property.

The Family Courts Act introduces the principle of in-camera proceedings and allows for the acceptance of documents that may not traditionally be admissible, reinforcing the court’s commitment to practical and equitable justice. Meanwhile, the Hindu Marriage Act provides detailed provisions for jurisdiction, relief, and procedural fairness, including special measures for the expeditious trial of petitions and appeals.