(1) Subject to the other provisions of this Act and the rules, the provisions of the Code of Civil Procedure, 1908 (5 of 1908) and of any other law for the time being in force shall apply to the suits and proceedings [other than the proceedings under Chapter IX of the Code of Criminal Procedure, 1973 (2 of 1974)] before a Family Court and for the purposes of the said provisions of the Code, a Family Court shall be deemed to be a civil court and shall have all the powers of such court.
(2) Subject to the other provisions of this Act and the rules, the provisions of the Code of Criminal Procedure, 1973 (2 of 1974) or the rules made thereunder, shall apply to the proceedings under Chapter IX of that Code before a Family Court.
(3) Nothing in sub-section (1) or sub-section (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 proceedings or at the truth of the facts alleged by the one party and denied by the other.
Simplified Explanation
Section 10 of the Family Courts Act, 1984 deals with the procedure to be followed by Family Courts while hearing suits and proceedings. The section establishes a general framework, balancing the application of existing procedural laws (like the Code of Civil Procedure (CPC) and the Code of Criminal Procedure (CrPC)) while allowing Family Courts the flexibility to devise their own procedures in certain cases, especially where settlement or truth-finding is concerned.
Subsection (1): Application of the Code of Civil Procedure
- Civil Procedure Applies:
- In general, the provisions of the Code of Civil Procedure, 1908 (CPC) will apply to suits and proceedings in a Family Court. This means that Family Courts will follow the same procedural rules that govern regular civil courts, such as rules related to filing suits, presenting evidence, and court hearings, except for the special modifications that may apply to family law matters.
- Family Court as Civil Court:
- For the purposes of applying the CPC, the Family Court is considered a civil court. This allows the Family Court to exercise all the powers of a civil court, such as issuing summonses, compelling the attendance of witnesses, and the authority to pass decrees and orders in family disputes.
- Exclusion of CrPC in Civil Matters:
- Chapter IX of the Code of Criminal Procedure, 1973, which deals with maintenance proceedings (such as maintenance for wife, children, or parents), will not be governed by the CPC but rather by the CrPC (see Subsection (2)).
Subsection (2): Application of the Code of Criminal Procedure
- CrPC Applies to Maintenance Proceedings:
- The provisions of the Code of Criminal Procedure (CrPC) and its rules will apply to proceedings under Chapter IX of the CrPC (relating to maintenance of wife, children, and parents).
- This ensures that maintenance cases, which are criminal in nature (in terms of enforcement of maintenance orders), will continue to be governed by the CrPC, as they are typically initiated as criminal complaints in a magistrate’s court.
Subsection (3): Family Court’s Own Procedure for Settlement
- Flexibility in Procedure:
- Family Courts are granted the authority to lay down their own procedures for certain aspects of the case, particularly when the aim is to facilitate settlement or ascertain the truth of disputed facts.
- Settlement Focus: Family Courts have a settlement-oriented role (as seen in Section 9), and the Court may devise its own procedures to achieve a reconciliation or settlement between the parties. This could involve methods like mediation, counselling, or informal hearings.
- Fact-Finding:
- In cases where facts are disputed, the Family Court is empowered to use its own methods for fact-finding to get to the truth of the matter. This could involve tailored approaches that differ from standard procedural rules, allowing the Court to focus more on resolving the underlying issues of the family dispute rather than strictly following conventional litigation procedures.
Purpose and Impact:
- Application of Familiar Laws: The application of the CPC and CrPC to Family Courts ensures that family disputes are handled within a recognized legal framework, offering predictability and legal consistency. This also allows Family Courts to draw upon the established body of civil and criminal procedural law.
- Flexibility for Family-Specific Needs: Family disputes often involve sensitive issues, and this flexibility to set its own procedures gives the Family Court the ability to take a more human-centered approach that is better suited to resolving complex personal matters, such as marriage, child custody, and property disputes.
- Settlement-Centric Approach: By allowing Family Courts to deviate from traditional procedural norms in the pursuit of settlement or truth-finding, the law recognizes the unique nature of family law cases. This approach encourages the conciliation and reconciliation of family members, which is often in their best interest, especially when children or other dependents are involved.
- Protection of Rights and Fair Process: While flexibility is allowed, this section also ensures that Family Courts remain within the bounds of recognized legal principles by applying the CPC for civil matters and the CrPC for maintenance cases. This guarantees that the proceedings remain fair and consistent with the law, preventing arbitrariness.
Summary:
Section 10 of the Family Courts Act, 1984 establishes that Family Courts will generally follow the Code of Civil Procedure (CPC) for family law matters, but with the ability to adapt procedures to fit the specific nature of family disputes. For maintenance proceedings, the Code of Criminal Procedure (CrPC) will apply. Additionally, Family Courts have the power to create their own procedures for settlement and fact-finding, enabling a more flexible and conciliatory approach to resolving family disputes. This section helps to balance formal legal standards with the need for more personalized and restorative justice in family matters.
