The State Government may, in consultation with the High Court, provide, by rules, for the association, in such manner and for such purposes and subject to such conditions as may be specified in the rules, with a Family Court of—
(a) institutions or organisations engaged in social welfare or the representatives thereof;
(b) persons professionally engaged in promoting the welfare of the family;
(c) persons working in the field of social welfare; and
(d) any other person whose association with a Family Court would enable it to exercise its jurisdiction more effectively in accordance with the purposes of this Act.
Simplified Explanation
Section 5 of the Family Courts Act, 1984 deals with the collaboration between Family Courts and various social welfare agencies and professionals. This provision emphasizes the importance of involving experts and organizations in assisting the court in its mission to resolve family disputes. Let’s break down the section in detail:
Key Provisions:
- “The State Government may, in consultation with the High Court, provide, by rules, for the association, in such manner and for such purposes and subject to such conditions as may be specified in the rules, with a Family Court of—”
- The State Government, after consulting the High Court, is empowered to create rules that facilitate the involvement of various agencies and professionals with the Family Court. These rules will outline the manner, conditions, and purposes for such associations. This ensures that the collaboration is formalized and systematic.
Categories of Associations:
The section specifies the types of agencies and individuals that may be associated with Family Courts:
- (a) Social Welfare Institutions or Organizations:
- The State Government may enable Family Courts to associate with institutions or organizations that are involved in social welfare. These could include NGOs, charitable bodies, and social service organizations that deal with family-related issues like domestic violence, child welfare, and rehabilitation.
- (b) Professionals Promoting Family Welfare:
- Persons professionally engaged in promoting the welfare of the family can be associated with Family Courts. This could include professionals like counselors, therapists, family lawyers, and other experts who have specialized knowledge in handling family-related matters.
- (c) Social Welfare Workers:
- Persons working in the field of social welfare may be involved in assisting Family Courts. These individuals may be social workers or family welfare advocates who have experience in dealing with family disputes, particularly in areas like child custody, domestic violence, or mental health support.
- (d) Any Other Person Whose Association Would Improve the Court’s Effectiveness:
- The section also provides for the inclusion of any other individual or organization whose involvement could enhance the effectiveness of the Family Court. This clause offers flexibility, allowing the Family Court to work with experts or organizations that may not fall into the above categories but are relevant to its work.
Purpose and Impact:
- The primary objective of Section 5 is to enable Family Courts to leverage the expertise and support of external professionals and agencies. Family law cases often involve emotional, psychological, and social issues that require more than just legal expertise. Therefore, involving social welfare agencies, mental health professionals, and family welfare experts can help the court resolve matters in a more holistic and effective manner.
- For example, a social worker could assist the court in cases involving domestic violence by assessing the safety and well-being of the family members, especially children. Similarly, a counselor could provide support to parents in a child custody dispute, promoting mediation and reconciliation.
Summary:
Section 5 empowers the State Government, in consultation with the High Court, to make rules that allow for the involvement of various social welfare agencies and professionals with Family Courts. These include:
- Social welfare institutions or organizations.
- Professionals working for family welfare.
- Social welfare workers.
- Any other individuals or entities whose involvement would help the court exercise its jurisdiction more effectively.
This section underscores the importance of a multi-disciplinary approach in resolving family disputes, ensuring that the Family Court has the necessary support to handle complex, sensitive issues related to families and children.
