Hindu Marriage Act & Family Courts: Legal Framework & Jurisdiction

INTRODUCTION

On September 14, 1984, the government passed the Family Courts Act, establishing family courts and promoting mediation for quick dispute resolution. 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 provide a quick resolution process for marriage issues, regardless of caste, creed, or religion. The Hindu Marriage Act also governs Hindu marriages and their resolution within the framework of family courts.

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. The Hindu Marriage Act ensures that these mechanisms address disputes related to Hindu marriages efficiently, reinforcing the importance of resolution through legal and conciliatory means.

TERRITORIAL JURISDICTION of the Hindu Marriage Act

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.

The government established family courts under The Family Courts Act, 1984, to promote conciliation and ensure the speedy settlement of marital and family disputes.

Section 20 of the Hindu Marriage Act mandates every petition must outline the facts supporting the claim for relief. Except for petitions under Section 11, it must include a declaration confirming no collusion between the petitioner and other.

Additionally, the statements in the petition must be verified by the petitioner or another competent person as per legal requirements. The court can refer to these verified statements as evidence during the hearing of the case.

Section 21 of The Hindu Marriage Act

Section 21A of the Hindu Marriage Act addresses the procedure for handling multiple petitions for judicial separation or divorce. If one party files a petition for judicial separation under Section 10 or divorce under Section 13 in a district court, and the other party files a subsequent petition—whether in the same or a different district court, within the same state or across states—then the petitions must be managed accordingly. If both petitions are filed in the same district court, that court will try and hear both petitions together.

If both petitions are in the same district court, that court will hear them together. If filed in different district courts, the court must transfer the later petition to the court where the earlier petition was filed. The court or relevant Government authority, per the Code of Civil Procedure, 1908, will handle the transfer.

Section 21B of the Hindu Marriage Act outlines special provisions for the trial and disposal of petitions. The trial of a petition should proceed daily until concluded unless the court adjourns it for recorded reasons. The court must try the petition quickly, aiming to complete it within six months from the notice’s service on the respondent. Similarly, the court should hear any appeal under this Act expeditiously, targeting completion within three months from the appeal notice’s service on the respondent.

PROCEEDINGS of the Hindu Marriage Act

Section 21C states that no document shall be inadmissible in proceedings under this Act solely due to improper stamping or registration.

Section 22 mandates that all proceedings under this Act be conducted in camera. It keeps them closed to the public. Printing or publishing related information is prohibited. Exceptions are High Court or Supreme Court judgments with prior court permission. Unauthorized publication can lead to a fine of up to one thousand rupees.

Section 23 specifies conditions under which a court may grant relief in proceedings under this Act. The court must ensure the grounds for relief are valid and that the petitioner is not using wrongdoing or disability for relief. The petitioner must not have condoned the acts leading to the petition or pursued it in collusion with the respondent.

The petition should not face undue delay, and there should be no legal reason to deny relief. Before granting relief, the court must attempt reconciliation where possible, except in cases like adultery or cruelty. The court may adjourn proceedings for up to fifteen days and refer the matter to a mediator. The court will consider the mediator’s report before deciding.

When a marriage is dissolved by divorce, the court must provide each party with a free copy of the decree.

RELIEF under the Hindu Marriage Act

Section 23A allows the respondent in divorce, judicial separation, or restitution cases to contest the petitioner’s claims. They can also file a counter-claim on the grounds of adultery, cruelty, or desertion. If proven, the court may grant the respondent any relief they would have received had they originally filed a petition.

Section 25 empowers the court to order maintenance payments at the time of the decree or later upon application. Payments may be a lump sum or periodic and last for the applicant’s lifetime, considering income, property, conduct, and other factors. The court may secure payments by charging the respondent’s immovable property if necessary.

If circumstances change significantly, the court can modify, vary, or rescind the order upon request. If the recipient remarries, or if a wife fails to remain chaste or a husband has extramarital relations, the court may also modify or cancel maintenance.

ORDERS, DECREES & APPEALS

Section 26 allows the court to issue interim orders and include provisions in the decree for the custody, maintenance, and education of minor children. The court must consider the children’s wishes when possible and can modify, revoke, or suspend orders even after granting the decree. The court must resolve applications concerning children’s maintenance and education within sixty days of serving notice to the respondent.

Section 27 authorizes the court to decide on the division or disposition of jointly owned property presented around the time of marriage. The court will determine a just and proper arrangement in any proceeding under the Act.

Section 28 outlines the procedures for appealing decrees and orders. Decrees issued by the court under this Act are appealable as those made in its original civil jurisdiction. Appeals should be filed with the appropriate appellate court. 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 states that the court shall enforce all decrees and orders issued under this Act like those made in its original civil jurisdiction.

SAVINGS

Section 29 of the Hindu Marriage Act establishes several exceptions and clarifications regarding Hindu marriages. It affirms that marriages solemnized before the Act’s commencement remain valid despite differences in gotra, pravara, religion, or caste. The Act does not affect rights established by custom or special laws regarding the dissolution of Hindu marriages. This applies to marriages occurring before or after the Act’s commencement.

Ongoing proceedings under existing laws for declaring marriages null, annulling, dissolving, or seeking judicial separation remain unaffected. These proceedings continue as if the Act had not been enacted. Additionally, the Act does not alter provisions of the Special Marriage Act, 1954, concerning Hindu marriages solemnized under that Act. This applies to marriages conducted before or after the Hindu Marriage Act came into force.

CONCLUSION

The Family Courts Act of 1984 and the Hindu Marriage Act of 1955 establish a framework for resolving family disputes. These laws emphasize swift resolution through family courts, focusing on mediation, conciliation, and streamlined procedures for complex cases. They ensure justice is accessible to all, regardless of caste, creed, or religion, in marital matters. The Acts provide a supportive environment for resolving issues related to marriage, maintenance, custody, and property.

The Family Courts Act introduces in-camera proceedings and allows certain documents that may not traditionally be admissible. This reinforces the court’s commitment to practical and equitable justice in family dispute resolution. The Hindu Marriage Act details jurisdiction, relief, and procedural fairness for handling matrimonial disputes efficiently. It includes provisions for expediting trial proceedings and appeals to ensure timely resolution of cases.