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Family Law Volume 2Marriage, Divorce, and Matrimonial Litigation$
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Flavia Agnes

Print publication date: 2012

Print ISBN-13: 9780198072201

Published to Oxford Scholarship Online: September 2012

DOI: 10.1093/acprof:oso/9780198072201.001.0001

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Family Courts and Gender Justice

Family Courts and Gender Justice

(p.269) 3 Family Courts and Gender Justice
Family Law Volume 2

Flavia Agnes

Oxford University Press

This chapter discusses the procedural aspects of matrimonial law. It specifically concentrates on the several facets of the norm of informality which was introduced into matrimonial litigation through the enactment of the Family Courts Act and the implications of the mandate of ‘reconciliation and speedy settlements’ mandated by the Act. It then addresses the ideological framework of the concept of family courts and its historical evolution, roles and functions of various functionaries, their strengths and challenges, and veracity of their claim to gender justice. The appointment, tenure and powers of judges are shown. In addition, the roles of lawyers and counselors in family courts are reviewed. There has been a call for a humanitarian approach to dispute resolution, Though the Family Courts Act was conceptualized within a simplistic premise of ‘speedy settlement’ or ‘reconciliation’, currently in metropolitan cities, the litigation has turn out to be exceedingly contested and involves high economic stakes.

Keywords:   matrimonial litigation, gender justice, Family Courts Act, humanitarianism, speedy settlement, reconciliation

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