What are the steps involved in a family court trial?
Joginder Singh Rohilla
Advocate at High Court of Madhya Pradesh, Indore | Civil & Criminal Lawyer In Indore
Steps Involved in a Family Court Trial in India
A family court trial in India follows a structured legal procedure governed primarily by the Family Courts Act, 1984, and the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), along with relevant personal laws applicable to marriage, divorce, maintenance, child custody, and property disputes. The trial process is meant to resolve family disputes efficiently, ensuring justice while prioritizing reconciliation.
Step-by-Step Process of a Family Court Trial
Step 1: Filing of Petition (Initiation of the Case)
The legal process begins when the petitioner (aggrieved party) files a case before the family court by submitting a petition/complaint. This document should contain:
- The facts of the case
- The legal grounds under which relief is sought (e.g., divorce under the Hindu Marriage Act, 1955, or custody under the Guardians and Wards Act, 1890)
- The prayer clause, specifying the relief sought (e.g., dissolution of marriage, custody of children, maintenance, or restitution of conjugal rights)
Step 2: Scrutiny and Registration of the Case
- The court examines the petition for formal defects.
- If the petition is incomplete or defective, the court asks for rectification before registering the case.
- Once corrected, the court assigns a case number and registers it.
Step 3: Issuance of Summons/Notice to the Opposite Party (Respondent)
- The Family Court issues a summons (legal notice) to the opposite party (respondent), directing them to appear in court on a specific date.
- The summons may be served through court officers, registered post, or electronic means.
Step 4: Filing of Written Statement by the Respondent
- The respondent, upon receiving the summons, files a written statement (WS), responding to the allegations in the petition.
- The WS must be submitted within 30 days, extendable to 90 days as per CPC provisions.
Step 5: Mediation and Conciliation (Pre-Trial Reconciliation)
- Mediation is mandatory under the Family Courts Act, 1984 before proceeding to trial.
- A court-appointed mediator facilitates a dialogue between the parties to resolve the dispute amicably.
- If successful, a settlement agreement is recorded, and the case is disposed of.
- If mediation fails, the court resumes the trial.
Step 6: Framing of Issues (Formulating Points of Dispute)
- The court identifies key questions (issues) requiring determination.
- Examples:
- In a divorce case: "Has cruelty been established?"
- In a maintenance case: "Is the wife financially dependent on the husband?"
- The case proceeds to evidence and arguments based on these framed issues.
Step 7: Evidence Stage (Examination and Cross-Examination of Witnesses)
This step consists of three stages:
(a) Evidence by the Petitioner (Complainant)
- The petitioner submits oral and documentary evidence supporting their claims.
- The petitioner and their witnesses appear before the court for examination-in-chief (primary testimony).
- The respondent (opposite party) then cross-examines them.
(b) Evidence by the Respondent
- The respondent presents their evidence, documents, and witnesses to refute the petitioner’s claims.
- The petitioner’s lawyer cross-examines the respondent and their witnesses.
(c) Rebuttal Evidence (If Required)
- The court allows the petitioner to rebut any new facts presented by the respondent through additional evidence.
Step 8: Final Arguments
- After the evidence is recorded, both parties present final arguments through their lawyers.
- Arguments focus on interpreting the facts, applicable laws, judgments, and precedents.
Step 9: Court's Judgment
- After hearing arguments, the judge pronounces the final judgment.
- The judgment may grant or reject the requested relief, such as granting divorce, awarding maintenance, granting child custody, or dismissing the petition.
Step 10: Execution of Judgment/Order
- The aggrieved party can file an execution petition if the opposite party fails to comply with the court's orders (e.g., if maintenance is not paid).
Step 11: Appeal or Revision (If Necessary)
- If dissatisfied with the verdict, either party can appeal to a higher court (High Court/Supreme Court) within 90 days under relevant statutes.
- A party may also seek a review or revision in specific circumstances.
FAQs on Family Court Trials in India
1. Can I represent myself in family court?
Yes, you can argue your own case (party-in-person), but hiring a lawyer is recommended due to legal complexities.
2. How long does a family court trial take?
The duration varies depending on the complexity of the case, but typically ranges from 6 months to 3 years.
3. Is mediation mandatory in family court cases?
Yes, the Family Courts Act, 1984 mandates mediation before proceeding with a contested trial.
4. What if the other party does not appear in court?
- If the respondent deliberately avoids appearing, the court may proceed ex parte (in their absence).
- The court may issue a bailable or non-bailable warrant to compel appearance.
5. Can family court cases be settled outside court?
Yes, disputes can be settled through mediation, arbitration, or mutual compromise, which the court will record.
6. Can I request an urgent hearing in family court?
Yes, under urgent circumstances (such as domestic violence or financial hardship), you can request an interim order for protection or maintenance.
7. How can I speed up my case in family court?
- Request a fast-track hearing.
- Avoid unnecessary adjournments.
- Seek interim relief to prevent delays in financial claims.
8. Are family court proceedings confidential?
Yes, family courts conduct hearings in a closed environment to maintain privacy.
9. Can I change my lawyer during the trial?
Yes, you can file a Vakalatnama change application to appoint a new lawyer.
10. What can I do if my maintenance order is not being complied with?
File an execution petition under Section 144(3) BNSS, requesting arrears recovery through the court.
Conclusion
A family court trial in India follows a structured approach, with a strong focus on reconciliation before litigation. Understanding the steps involved helps parties navigate the legal system effectively while ensuring their rights are protected. If faced with complex family disputes, seeking legal guidance from an experienced lawyer is advisable to ensure the best possible outcome.
Disclaimer: This information is intended for general guidance only and does not constitute legal advice. Please consult with a qualified lawyer for personalized advice specific to your situation.
Adcocate J.S. Rohilla (Civil & Criminal Lawyer in Indore)
Contact: 88271 22304