ROLE OF FAMILY COURTS IN HINDU MARRAIGES

AUTHOR – DIVYANSHU KRISHNA, STUDENT AT BABU BANARASI DAS UNIVERSITY, LUCKNOW

BEST CITATION – DIVYANSHU KRISHNA, ROLE OF FAMILY COURTS IN HINDU MARRAIGES, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (11) OF 2025, PG. 202-217, APIS – 3920 – 0001 & ISSN – 2583-2344

Chapter 1: Introduction

Background and Significance of the Study

Family is the fundamental unit of society , and the institution of marriage serves as its cornerstone , especially within the hindu community where marriage is traditionally considered a scarcement (samskara) rather than contract . However , the increasing complexity of modern relationships , urbanization, and individual autonomy have led to a rising number of matrimonial disputes, including issues related to divorce, maintenance , custody, and domestic violence .

To address such sensitive matters with a conciliatory approach, the Family Courts Act 1984 was enacted to establish a special forum for resolving family and matrimonial disputes in a humane, non- adversarial and expeditious manner. These courts aim not only to adjudicate but also to reconcile parties , wherever possible , before the breakdown of marriage becomes irreparable .

In Hindu Law, where traditional customs intersect statutory provisions under The Hindu Marriage Act, 1955 the role of family courts becomes more critical. This study explores the effectiveness and significance of family courts in maintaining the sanctity of Hindu marriage while balancing individual rights and legal remedie.