The Importance and Utility of Counsellors Appointed Under the Family Courts Act, 1984: An Analytical Study
Kutumb Nyayalaya Adhiniyam, 1984 ke antargat niyukt Paramarshdataon ka Mahatva evam Upyogita: Ek Samikshatmak Adhyayan
DOI:
https://doi.org/10.53724/ambition/v11n1.02Keywords:
Family Courts Act 1984, Family Disputes, Conciliation and Settlement, Marital Disputes, Counsellors, Judicial Process, Social Justice, Family Courts, Dispute Resolution.Abstract
The Family Courts Act, 1984 aims to establish a judicial system for the resolution of family disputes that extends beyond a purely legal approach by giving due importance to social and humanitarian values. Family disputes are inherently complex, as they involve several sensitive aspects, including marital relationships, emotional stress, social circumstances, and the welfare of children. In such situations, counsellors appointed by the court play a significant role in facilitating communication between the disputing parties, fostering mutual understanding, and promoting amicable settlement of conflicts.
This study presents a critical analysis of the functions, responsibilities, and utility of counsellors appointed under the Family Courts Act, 1984. It examines how counsellors contribute to making the judicial process more effective, humane, and result-oriented. The research also evaluates the practical challenges faced by the counselling system in Family Courts, such as the shortage of trained counsellors, procedural delays, and inadequate resources.
The study reveals that counsellors not only facilitate the amicable resolution of disputes but also make a significant contribution to maintaining the stability of the family institution and promoting social harmony. Therefore, strengthening the role of counsellors is essential for enhancing the effectiveness and efficiency of the functioning of Family Courts.
References
Afcons Infrastructure Ltd. v. Cherian Varkey Construction Co. (P) Ltd., (2010) 8 SCC 24.
Baxi, U. (1982). The crisis of the Indian legal system. Vikas Publishing House.
Bhatnagar, S. (2019). Family law and social justice in India. Universal Law Publishing.
Diwan, P. (2021). Family law (12th ed.). Allahabad Law Agency.
Family Courts Act, 1984, No. 66 of 1984, Government of India.
Government of India. (1984). The Family Courts Act, 1984 (Act No. 66 of 1984). Ministry of Law and Justice.
Jagraj Singh v. Birpal Kaur, (2007) 2 SCC 564.
Jain, M. P. (2020). Indian legal and constitutional history (8th ed.). LexisNexis.
K. A. Abdul Jaleel v. T. A. Shahida, (2003) 4 SCC 166.
K. Srinivas Rao v. D. A. Deepa, (2013) 5 SCC 226.
Kapoor, S. K. (2018). Family law and matrimonial remedies. Central Law Agency.
Law Commission of India. (1974). Fifty-Ninth Report on Family Courts. Government of India.
Law Commission of India. (2015). Report No. 257: Reforms in guardianship and custody laws in India. Government of India.
Malhotra, A. (2017). Alternative dispute resolution in family disputes. Journal of Family Law Studies, 5(2), 55–72.
Menon, N. R. M. (2016). Family courts and access to justice. Eastern Book Company.
Mulla, D. F. (2021). Principles of Hindu law (23rd ed.). LexisNexis.
Narayan, P. S. (2018). Family courts and matrimonial justice in India. Eastern Book Company.
Parashar, A. (1992). Women and family law reform in India: Uniform civil code and gender equality. Sage Publications.
Parkinson, P. (2015). Family law and the indissolubility of parenthood. Cambridge University Press.
Raghavan, V. (2020). Counselling and mediation in family courts: A socio-legal perspective. Indian Journal of Socio-Legal Studies, 12(1), 88–103.
Ratanlal, & Dhirajlal. (2022). The Family Courts Act, 1984 (3rd ed.). LexisNexis.
Roberts, M. (2014). Mediation in family disputes: Principles of practice (4th ed.). Ashgate Publishing.
Samar Ghosh v. Jaya Ghosh, (2007) 4 SCC 511.
Sharma, D. (2018). Role of counsellors in family dispute resolution. Journal of Legal Research and Studies, 8(1), 34–49.
Shilpa Sailesh v. Varun Sreenivasan, 2023 SCC OnLine SC 544.
Singh, A. (2019). Family courts and access to justice in India. Indian Journal of Legal Studies, 10(2), 45–61.
Singh, M. P. (2019). Comparative family law. Universal Law Publishing.
Sivaramayya, B. (2017). Matrimonial laws in India. Oxford University Press.
Srivastava, R. (2021). Effectiveness of family counselling in matrimonial disputes. Indian Bar Review, 48(3), 112–129.
The Constitution of India, 1950.
United Nations. (1948). Universal Declaration of Human Rights. United Nations.
United Nations. (1989). Convention on the Rights of the Child. United Nations.
United Nations Children’s Fund (UNICEF). (2021). Child protection and family welfare framework. UNICEF.
Verma, S. (2020). Family mediation and reconciliation under Indian family courts. Journal of Indian Law and Society, 11(2), 78–96.
Online Sources
India Code. (2024). The Family Courts Act, 1984. https://www.indiacode.nic.in
National Legal Services Authority. (2024). Family dispute resolution and mediation services. https://nalsa.gov.in
Supreme Court of India. (2024). Judgments and orders. https://main.sci.gov.in
United Nations. (2024). Human rights instruments. https://www.un.org
UNICEF. (2024). Family and child welfare resources. https://www.unicef.org
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