Gist of the procedure in case of Civil Proceedings:-

JURISDICTION

01.Under the provisions of section 7 (1)(a) of The Family Courts Act, 1984, subject to other provisions of this act, a family court shall have all the jurisdiction exercisable by a District Court or any subordinate Civil Court under any law for the time being in force in respect of suits and proceedings of the nature referred to in the explanation.

02.Sec. 8(a) of The Family Courts Act, 1984 provides that where a Family Court has been established for any area, no District court or any subordinate Civil Court referred to in sub section 1 of section 7 shall in relation to such area, have or exercise any jurisdiction or power in respect of any suit or proceeding of the nature referred to in the explanation to that sub section.

PROCEDURE

03.Under the provisions of sec. 10(1) of The Family Courts Act, 1984, subject to other provisions of this Act and the rules, the provisions of the C.P.C 1908 or any other law for the time being in force shall apply to the suits or proceedings (Other than the proceedings under chapter IX of the Cr.P.C.) before a Family Court and for the purpose of the said provision of the code, a Family Court shall be deemed to be a civil court and shall have all the powers of such court.

04.However, it is important to note the special provision under section 10(3) of The Family Courts Act, 1984 which provides that nothing in sub section (1) or (2) shall prevent a Family Court from laying down its own procedure with a view to arrive at a settlement in respect of the subject matter of the suit or proceeding or at the truth of the facts alleged by one party and denied by the other.

05.Section 11 of The Family Courts Act, 1984 provides that: if the Family Court so desires, proceedings may be held in camera or shall be held in camera if either party so desires.

06.Under the provisions of section 5 of the Family Courts (Court) Rules, 2010, all proceedings instituted before the Family Court shall be by bway oif an application as per Form No.1 of the Family Courts (Court) Rules, 2010, duly verified by the Petitioner before the Family Court. Further, interlocutory petitions under various provisions shall be filed in Form no.2 of the Family Courts (Court) Rules, 2010, duly verified by the Petitioner before the Family Court to be registered as Interim Petitions.

07.Section 9 (1) of Family Courts Act, 1984 says that: In the first instance, where it is possible the Family Court should take efforts for settlement between the parties.

08.Section 9 (2) of Family Courts Act, 1984 says that: if in any suit or proceeding it appears to the court that a reasonable possibility of a settlement between the parties, then the court may adjourn the case for a suitable period.

09.Section 9 (iii) of Family Courts Act, 1984 says that: The Power conferred by sub-Section (ii) shall be in addition to, and not in derogation of, any other power of the Family Court to adjourn proceedings.

10.Section 13 of The Family Courts Act, 1984 says that: No party to a suit or proceeding before Family Court shall be entitled as of right to be represented by a legal practitioner until the Court considers it necessary in the interest of justice.

11.Section 18(1) of the Family Courts Act, 1984 provides that a decree or an order (Other than an order under chapter IX of the Cr.P.C.) passed by the Family Court shall have the same force or effect as a decree or order of a civil court and shall be executed in the manner as is prescribed by the Code of Civil Procedure 1908 for the execution of such order or decree.

Appeal

12.Sec. 19(3) of The Family Courts Act, 1984 provides that every appeal under this section shall be preferred within a period of thirty days from the date of Judgment or order of a Family Court.

Misc.

13.Under the provisions of section 21(1) and 23(1) of the Family Courts Act, 1984, the Orissa High Court and the State of Odisha has enacted their respective rules namely The Family Courts (Court) Rules, 2010, and The Family Courts (Odisha) Rules 1990 respectively for carrying out the purpose of this Act.