Commentary on The Family Courts Act, 1984 by Rahul Kandharkar (2026 Edition) is an exhaustive, analytical, and practice-oriented treatise that offers a complete understanding of the law governing Family Courts in India. Designed to serve the needs of judges, lawyers, academicians, and students, this authoritative work presents the statutory framework, procedural aspects, and judicial interpretations of the Family Courts Act, 1984, while incorporating all recent amendments, rules, notifications, and landmark judgments up to 2026.
This edition reflects the transformation of family law jurisprudence in light of evolving social realities, technological advancements, and the integration of mediation, reconciliation, and gender justice principles within the family law system.
⚖️ Key Features of the 2026 Edition
🏛️ Comprehensive Section-wise Commentary:
Each section of the Family Courts Act, 1984 is explained with clarity and precision, supported by judicial interpretations, legislative intent, and doctrinal analysis.📚 Covers the Latest Legal Developments:
Includes the 2024 and 2025 amendments, Supreme Court and High Court judgments, and latest procedural directions regarding family law disputes, online hearings, and virtual mediation under the Family Court framework.👩⚖️ Wide Scope and Practical Orientation:
Discusses every aspect of family law practice under the Act, including:Jurisdiction and powers of Family Courts
Family counseling and conciliation procedures
Maintenance and child custody proceedings
Divorce, judicial separation, and restitution of conjugal rights
Guardianship, adoption, and legitimacy issues
Enforcement of decrees and interim orders
Role of psychologists, social workers, and NGOs in family justice
⚖️ Integration with Personal Laws and Allied Statutes:
The commentary correlates the Family Courts Act with allied legislations, such as:Hindu Marriage Act, 1955
Special Marriage Act, 1954
Hindu Minority and Guardianship Act, 1956
Hindu Adoptions and Maintenance Act, 1956
Protection of Women from Domestic Violence Act, 2005
Code of Civil Procedure, 1908 (as amended for Family Courts)
Bharatiya Sakshya Adhiniyam, 2023 – on evidentiary rules applicable to family disputes
💡 Analytical Treatment of Jurisdictional and Procedural Issues:
Clarifies complex procedural aspects like:Territorial and subject-matter jurisdiction of Family Courts
Nature of proceedings (civil vs. quasi-judicial)
Applicability of CPC, CrPC, and Evidence Act under Section 10 of the Family Courts Act
Powers to summon witnesses, enforce attendance, and grant interim reliefs
Appeal, revision, and review mechanisms
🧠 Focus on Mediation and Reconciliation:
Special emphasis on the reconciliatory role of Family Courts and the promotion of alternative dispute resolution (ADR) in family matters.
Discusses the implementation of court-annexed mediation centers, psychological counseling, and the National Judicial Mediation Policy, 2025.📖 In-depth Coverage of Landmark Judgments:
Detailed discussion on leading decisions shaping family jurisprudence, including:K.A. Abdul Jaleel v. T.A. Shahida – Jurisdiction of Family Courts over property disputes between spouses
Savitri Pandey v. Prem Chandra Pandey – Irretrievable breakdown of marriage
Roxann Sharma v. Arun Sharma – Custody rights and welfare of the child
Amardeep Singh v. Harveen Kaur – Waiver of cooling-off period under Section 13B of HMA
Ganesh v. Sudhirkumar Shrivastava (2023) – Shared parenting model and joint custody
Riya S. v. State of Kerala (2025) – Online mediation in matrimonial disputes
🧾 Procedural Checklists and Practical Forms:
Includes model petitions, affidavits, applications, and orders under various provisions of the Act for practitioners’ ready reference.
📚 Content Overview
Part I – Introduction and Legislative History
Background and objectives of the Family Courts Act, 1984
The evolution of family justice in India
Constitutional mandate for establishing Family Courts (Articles 39 & 51A)
Global perspectives on family adjudication
Part II – Establishment, Jurisdiction, and Powers
Establishment of Family Courts under Sections 3–4
Jurisdiction, territorial and subject-matter competence (Section 7)
Exclusive jurisdiction over matrimonial, maintenance, and guardianship matters
Relationship with civil and criminal courts
Powers and functions of Family Court Judges
Part III – Procedures and Evidence
Nature of proceedings and flexibility of procedure
Exclusion of legal technicalities and emphasis on conciliation
Applicability of the Bharatiya Sakshya Adhiniyam, 2023
Recording of evidence through video-conferencing and digital means
Examination of experts and psychological evaluators
Part IV – Conciliation and Counseling
Statutory mandate for reconciliation under Section 9
Role of counselors, social workers, and NGOs
Mediation frameworks and best practices in family courts
Confidentiality and neutrality principles in family mediation
Part V – Orders, Appeals, and Execution
Nature of decrees and orders
Enforcement mechanisms under Section 18
Appeal procedure under Section 19 before the High Court
Revision and review powers
Execution of maintenance orders and child custody directions
Part VI – Interaction with Personal Laws
Comparative treatment of divorce, custody, maintenance, and adoption under major personal laws
Harmonization with secular family legislation (Special Marriage Act)
Overlaps and conflicts between Family Courts Act and Domestic Violence Act
Part VII – Emerging Issues and Reforms
Gender neutrality in family law
LGBTQ+ rights and same-sex relationships before Family Courts
Custody of children born through surrogacy or assisted reproduction
Online dispute resolution (ODR) in family cases
Need for specialized family counseling services
Part VIII – Appendices and Model Drafts
The Family Courts (Procedure) Rules, 1989
Model forms for petitions and applications
Petition for divorce by mutual consent
Application for custody and visitation rights
Maintenance claim format
Guardianship petition
List of notified Family Courts across India (as of 2025)
Relevant circulars from the Ministry of Law & Justice
🧠 Highlights of the 2026 Edition
🔹 Updated till 2026 with the latest legislative reforms and landmark rulings.
🔹 Integrates procedural and evidentiary updates from the BNSS and BSA, 2023.
🔹 Includes practical checklists, forms, and comparative tables for quick reference.
🔹 Covers family mediation practices, online hearings, and psychological support systems.
🔹 Written in a lucid and analytical style, balancing academic rigor with practical clarity.
🎯 Recommended For
Judges & Judicial Officers – for adjudication and case management in Family Courts.
Lawyers & Practitioners – handling matrimonial, custody, and maintenance cases.
Counselors & Mediators – engaged in conciliation and dispute resolution.
Students & Researchers – pursuing advanced study in family law and gender justice.
Policy Makers & NGOs – working on family justice reforms and legal aid services.
👨⚖️ About the Author
Rahul Kandharkar, a distinguished legal scholar and practitioner in family and matrimonial law, has over two decades of experience handling family disputes across Indian jurisdictions. His scholarship combines legal depth, judicial insight, and practical wisdom, making his commentary one of the most authoritative texts on the Family Courts Act.
Known for his clear exposition and social sensitivity, he has been actively involved in family mediation training programs and judicial workshops aimed at reforming family justice systems in India.
🏛️ Conclusion
Commentary on The Family Courts Act, 1984 (2026 Edition) by Rahul Kandharkar, published by Whitesmann Publishing Co., is the most complete and updated reference work on the subject, blending doctrinal analysis, procedural guidance, and judicial exposition.
With its detailed treatment of jurisdictional nuances, mediation mechanisms, and contemporary family law issues, this book stands as an indispensable companion for practitioners, judges, and scholars navigating the complexities of family justice under modern Indian law.
📗 In Summary:
A scholarly yet practical commentary that redefines understanding of family law litigation and mediation,
“Commentary on The Family Courts Act, 1984 (2026)” by Rahul Kandharkar is a must-have guide for anyone dealing with family disputes, matrimonial remedies, and modern judicial processes in India.
