Chapter

Family Courts and Gender Justice

Flavia Agnes

in Family Law Volume 2

Published in print January 2012 | ISBN: 9780198072201
Published online September 2012 | e-ISBN: 9780199081301 | DOI: http://dx.doi.org/10.1093/acprof:oso/9780198072201.003.0003
Family Courts and Gender Justice

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This chapter discusses the procedural aspects of matrimonial law. It specifically concentrates on the several facets of the norm of informality which was introduced into matrimonial litigation through the enactment of the Family Courts Act and the implications of the mandate of ‘reconciliation and speedy settlements’ mandated by the Act. It then addresses the ideological framework of the concept of family courts and its historical evolution, roles and functions of various functionaries, their strengths and challenges, and veracity of their claim to gender justice. The appointment, tenure and powers of judges are shown. In addition, the roles of lawyers and counselors in family courts are reviewed. There has been a call for a humanitarian approach to dispute resolution, Though the Family Courts Act was conceptualized within a simplistic premise of ‘speedy settlement’ or ‘reconciliation’, currently in metropolitan cities, the litigation has turn out to be exceedingly contested and involves high economic stakes.

Keywords: matrimonial litigation; gender justice; Family Courts Act; humanitarianism; speedy settlement; reconciliation

Chapter.  33940 words. 

Subjects: Family Law

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