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2022 Supreme(Ker) 167

A.MUHAMED MUSTAQUE, SOPHY THOMAS
Nisha Haneefa, W/o. Abdul Latheef – Appellant
Versus
Abdul Latheef, S/o. Abdul Azeez – Respondent


Advocates:
Advocate Appeared:
For the Appellant : D.KISHORE, SMT.MEERA GOPINATH, SRI.R.MURALEEKRISHNAN (MALAKKARA)
For the Respondent: SRI.M.V.RAJENDRAN NAIR, SMT.M.A.ZOHRA

JUDGMENT :

A.Muhamed Mustaque, J.

PRELUDE: This original petition provides some insight into the powers of the Family Court. The Family Courts Act, 1984 was enacted for the establishment of the Family Courts to promote conciliation and speedy settlement of disputes relating to marriage and family. Over the years, our experience shows that the Family Court has been functioning in like manner of an ordinary Civil Court. Trained minds in adversarial litigation, from amongst both lawyers and Judges, have stereotyped the understanding of the powers and nature of functions of the Family Court. The Family Courts are not able to realise the very objective of its function and the nature of power that can be exercised by them. The Family Courts are unique in the dispute resolution system in India. The unique feature has not gained the attention of the adjudicators, lawyers or litigants. The focus of the adjudication of the Family Courts is on the parties and not on the disputes. Forgetting this functional objective, the Family Court continues to act as an adjudicator of a normal Civil Court. This has resulted in a combative approach for litigants in all disputes before the Family Courts. The l

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