In every suit or proceedings, it shall be open to a Family Court to secure the services of a medical expert or such person (preferably a woman where available), whether related to the parties or not, including a person professionally engaged in promoting the welfare of the family as the Court may think fit, for the purposes of assisting the Family Court in discharging the functions imposed by this Act.
Simplified Explanation
Section 12 of the Family Courts Act, 1984 empowers the Family Court to seek external assistance from medical and welfare experts in order to fulfill its duties effectively. This provision allows the Family Court to utilize expert knowledge to make informed decisions in cases involving family disputes, particularly those that require specialized expertise, such as in cases of health, mental well-being, or family dynamics.
Key Provisions:
- Family Court’s Discretion to Seek Expert Assistance:
- The Family Court has the authority to secure the services of medical experts or individuals with specialized knowledge in the field of welfare, family matters, or psychosocial issues.
- This assistance is at the discretion of the Family Court, meaning the Court can decide when and how to engage such experts based on the needs of the case.
- Types of Experts:
- The Court may seek assistance from a medical expert if the case involves issues related to the physical or mental health of any party (for example, if one party alleges mental cruelty or requires medical evaluation for custodial arrangements).
- The Court can also consult welfare experts, such as social workers, psychologists, or counsellors, to help understand the family dynamics or emotional issues at play in the case.
- Gender Sensitivity: The Act specifically mentions the preference for a woman expert where available, recognizing that cases related to family law, particularly those involving domestic violence or child custody, may be more sensitive when handled by a woman professional.
- Experts May or May Not Be Related to the Parties:
- The experts selected may either be neutral individuals or even related to the parties, depending on the circumstances of the case. The primary goal is to ensure that the expert’s input will help the Family Court make a well-informed decision.
Purpose and Impact:
- Expert Input for Informed Decisions:
- The assistance of medical and welfare experts ensures that Family Courts are not making decisions in isolation. Specialized knowledge is essential in family law cases, especially when emotional, psychological, or medical factors play a significant role in the dispute. Experts help the Court understand complex issues, such as mental health conditions, child welfare, or marital problems.
- Holistic Approach to Family Disputes:
- The provision encourages a holistic approach to resolving family disputes. It emphasizes that resolving family issues often requires more than just legal arguments; it involves understanding the well-being and emotional state of the parties involved. Experts can guide the Court on how to address these concerns effectively.
- Ensuring Fairness and Justice:
- By consulting professionals with specific expertise, the Family Court is better positioned to ensure that all aspects of the case are considered. For example, in child custody disputes, a child psychologist can assess the emotional needs of the child, while a medical expert might be consulted if there are concerns about the mental health of one of the parties involved.
- Gender Sensitivity:
- The preference for female professionals where available demonstrates the law’s awareness of the gendered nature of many family law issues, particularly in cases of domestic violence or gender-based discrimination. Female experts may be seen as more empathetic or able to relate better to female parties, providing a more comfortable environment for women in such sensitive matters.
- Facilitating the Court’s Functions:
- The Family Court often deals with cases that are intricate, with emotional and psychological dimensions that go beyond legal facts. Experts help the Court by providing insights or recommendations that can assist in reconciliation, settlement, or determining the most appropriate orders (e.g., for custody or maintenance).
Summary:
Section 12 of the Family Courts Act, 1984 allows Family Courts to seek the assistance of medical and welfare experts to aid in the discharge of their functions. The Court can appoint experts to help understand the physical health, mental health, and welfare of the parties involved, with a preference for female professionals where available. This provision ensures that the Family Court has access to specialized knowledge to make better-informed decisions in sensitive family disputes, supporting a more comprehensive, empathetic, and just approach to resolving family issues.
