
doi: 10.2139/ssrn.6152587
The Family Courts Act, 1984 was enacted as a constitutional response to the fragmented, delayed, and adversarial handling of matrimonial disputes under ordinary civil and criminal courts. This paper examines whether the Act, through its specialized jurisdiction, emphasis on conciliation, procedural flexibility, privacy safeguards, and consolidated enforcement of rights under diverse personal laws, fulfils the constitutional mandates of equality, dignity, and access to justice under Articles 14, 21, and 39A of the Constitution. Analyzing statutory design alongside key judicial developments on maintenance, mutual consent divorce, privacy, and delay, the study argues that while the Act has significantly humanized matrimonial adjudication, persistent institutional and practical deficiencies continue to challenge its transformative constitutional promise.
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