Court system

The Family Court Act 1984 provides for the establishment of Family Courts with a view to promote conciliation, and secure speedy redressal of disputes relating to marriage and family affairs, and for matters connected with them. The Family Courts hear matters relating to marriage, marital breakdown and the welfare of children. These courts are trial courts and are presided over by Additional District Judges who undertake trials and review evidence. The Family Courts follow the Civil Procedure Code. Family proceedings are generally public but can be conducted in private at the request of the parties or if circumstances require

Jurisdiction

All Indian matrimonial statutes contain jurisdictional rules. Two matters are relevant regarding jurisdiction:

• The place in which the petition or suit in a matrimonial cause is filed.
• The court in which the petition or suit in a matrimonial cause should be filed.

Whether a court has jurisdiction depends on the:

• Parties' domicile.
• Place of solemnisation of marriage.
• Marital residence and the residence of the respondent (or, if the respondent resides outside India, where the petitioner resides).

Jurisdictional requirements are the same under the Hindu Marriage Act 1955 and the Special Marriage Act 1954. A divorce petition can be presented to the district court within the local limits of whose original civil jurisdiction the:

• Marriage was solemnised.
• Respondent, at the time of the presentation of the petition, resides.
• Parties to the marriage last resided together.
• Wife resides on the date of presentation of the petition (if she is the petitioner).
• Petitioner resides at the time of the presentation of the petition, in a case where the respondent, at that time, either: resides outside the territories to which the acts extend; or has not been heard of as being alive for a period of seven years or more by those persons who would naturally have heard of him/her if he/she were alive.

The applicability of the Special Marriage Act is not restricted to Indians and foreign nationals can marry under the Act. The parties need not be domiciled in India to solemnise their marriage under the Special Marriage Act.

Under the Indian Divorce Act 1869 - a petition in a matrimonial cause can be presented in the court of the district judge within the local limits of whose ordinary jurisdiction either the:

• Husband and wife reside.
• Husband and wife last resided together.
• Where a number of courts have jurisdiction, a party can choose one of them. Where a court's jurisdiction is questioned, preference is generally given to factors that support its jurisdiction.