The main aim of the Family Courts Act, 1984 was to provide quick and less expensive relief to the parties in a less formal way with least technicalities. The object of the establishment of these courts was to promote reconciliation between the parties and reach a stage of the agreement. It is the duty of the Court to make reasonable efforts for the settlement. Therefore, the court works with a conciliatory approach. There are some provisions of the act which suggests that the family court follows a conciliatory approach to settle the disputes between the party.
Under Section 4 of the act, the judges appointed in the family courts should have the aim to achieve the purpose of the act, which is to protect and preserve the relations and by way of conciliation and counselling. The reasonable efforts should be made to settle the disputes by way of an agreement.
Duty of the court to make reasonable efforts for reconciliation between the parties
Section 9 of this act prescribes the duty of the family court to make efforts to promote reconciliation between the parties. As, per Section 9(1), in the first instance, the family court, in every suit or proceeding, shall make efforts to convince the parties to settle the dispute with an agreement and for this purpose, the family court may follow the rules prescribed by the High Court or follow such rules or procedure as the family court may deem fit.
According to Section 9(2), if the family court finds that at any stage of the proceeding there is a reasonable probability of settlement between the parties, the court has the power to adjourn the proceedings until the settlement is reached. And as per Section 9(3), the power prescribed under sub-section 2 is an addition to the powers of the family court.
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