(1) In every suit or proceeding, endeavour shall be made by the Family Court in the first instance, where it is possible to do so consistent with the nature and circumstances of the case, to assist and persuade the parties in arriving at a settlement in respect of the subject-matter of the suit or proceeding and for this purpose a Family Court may, subject to any rules made by the High Court, follow such procedure as it may deem fit.
(2) If, in any suit or proceeding, at any stage, it appears to the Family Court that there is a reasonable possibility of a settlement between the parties, the Family Court may adjourn the proceedings for such period as it thinks fit to enable attempts to be made to effect such a settlement.
(3) The power conferred by sub-section (2) shall be in addition to, and not in derogation of, any other power of the Family Court to adjourn the proceedings.
Simplified Explanation
Section 9 of the Family Courts Act, 1984 emphasizes the duty of the Family Court to encourage and facilitate settlement between the parties in family disputes, whenever possible. This approach aligns with the conciliatory and reconciliatory nature of family law, where the goal is not just to resolve the dispute but also to restore relationships, where feasible, particularly in sensitive matters such as marriage, child custody, and maintenance.
Subsection (1): Initial Effort for Settlement
- Obligation to Assist in Settlement:
- In every suit or proceeding before a Family Court, the Family Court is required to make an effort to help the parties reach a settlement.
- This effort must be made in the first instance, meaning before proceeding with litigation or adjudication, the Court must prioritize settlement attempts.
- When Settlement is Possible:
- The Family Court should attempt to settle the case if it is possible to do so, taking into consideration the nature and circumstances of the case.
- Some cases may not be suitable for settlement (e.g., cases involving abuse or certain types of legal violations), and the court must assess this while determining whether settlement is feasible.
- Procedure for Settlement:
- The Family Court has the discretion to follow any procedure it deems appropriate for settlement. However, it is expected to follow the rules made by the High Court to ensure uniformity and fairness.
- This flexibility enables Family Courts to adopt various alternative dispute resolution (ADR) methods like mediation, conciliation, or even informal discussions between the parties, all aimed at reaching an amicable settlement.
Subsection (2): Adjournment to Facilitate Settlement
- Adjournment for Settlement:
- If, at any stage during the proceedings, the Family Court believes there is a reasonable possibility of a settlement, it may adjourn the proceedings for a reasonable period to allow the parties to attempt to reach a settlement.
- This adjournment allows the parties time to engage in settlement negotiations, whether through direct discussions, mediation, or other methods.
- Judicial Discretion:
- The Family Court has the discretion to determine the appropriate duration of the adjournment, which allows it to tailor the time granted for settlement efforts based on the specifics of the case.
Subsection (3): Adjournment Power in Addition to Other Powers
- Additional Power to Adjourn:
- The power to adjourn proceedings to facilitate settlement is in addition to (i.e., it does not replace) any other power the Family Court already has to adjourn proceedings under the law.
- This means that the Court can adjourn proceedings for settlement purposes without being restricted by other procedural rules that may apply to the case. For example, if the Family Court feels that further investigation or evidence gathering is required, it can adjourn for those reasons as well, in addition to promoting settlement.
Purpose and Impact:
- Encouraging Amicable Resolutions: The section is designed to encourage the amicable resolution of disputes, in keeping with the goal of Family Courts to restore family relationships where possible. Family law matters often involve ongoing relationships, especially in cases of divorce or custody, so settlement through agreement can be more beneficial in the long run.
- Saving Time and Resources: By facilitating settlement early in the process, the Family Court can save time and resources that would otherwise be spent on prolonged litigation. This can be particularly important in family law cases, which can often be emotionally taxing and require sensitive handling.
- Flexibility in Procedure: The Family Court has the flexibility to determine the best method for settlement, whether through formal mechanisms like mediation or informal discussions. This allows the court to adapt to the particular needs of the parties and the case.
- Adjournment for Settlement: The power to adjourn the proceedings to facilitate settlement ensures that the Court does not rush to a decision without first exploring the possibility of resolution through mutual agreement. This gives the parties a chance to work out their differences outside of the courtroom, leading to potentially more sustainable and satisfactory outcomes.
Summary:
Section 9 of the Family Courts Act, 1984 places an important duty on Family Courts to actively promote the settlement of disputes between parties. The Court must first attempt to resolve the matter through settlement before continuing with litigation, using procedures it deems appropriate. If at any stage it sees a possibility of settlement, it can adjourn the proceedings to allow time for this. This section promotes a conciliation-based approach to family disputes, ensuring that matters are resolved in a way that preserves relationships and provides a more harmonious resolution, particularly in sensitive family matters.
