Modern family dispute resolution emphasizes conciliation and mediation, while the Constitution mandates a transition toward a uniform personal status law.
1. The Family Courts Act, 1984: Salient Features
Family Courts were established to move away from rigid, adversarial civil litigation in domestic disputes:
- Conciliation First: The court is statutorily mandated to attempt settlement and conciliation before beginning formal trials.
- Informal Procedures: The court can simplify procedures and is not bound by strict, technical rules of the Evidence Act or the CPC.
- Exclusion of Lawyers (Section 13): Parties are not entitled as of right to be represented by a lawyer, though courts routinely appoint *Amicus Curiae* to ensure fair representation.
2. Uniform Civil Code: Article 44
Under Article 44 (Directive Principles of State Policy):
"The State shall endeavour to secure for the citizens a uniform civil code throughout the territory of India."
A UCC would replace religion-specific personal laws with a common set of secular laws governing marriage, divorce, maintenance, adoption, and succession for all citizens.
3. Key Judicial Mandates for UCC
The Supreme Court has repeatedly urged the government to implement Article 44:
- Sarla Mudgal v. Union of India (1995): The court ruled that a Hindu husband cannot convert to Islam solely to contract a second marriage without dissolving his first. The SC urged the Prime Minister to secure a UCC to prevent such sham conversions.
- John Vallamattom v. Union of India (2003): The SC reiterated that a UCC is essential for national integration and resolving contradictions across personal laws.