Section 10 of FCA : Section 10: Procedure Generally

Explanation using Example

Imagine a couple, John and Jane, are in the process of getting a divorce. They have decided to approach a Family Court to settle their disputes, which include child custody and division of property. Section 10 of The Family Courts Act, 1984, comes into play here.

As per Section 10(1), the proceedings of their divorce in the Family Court will be governed by the Code of Civil Procedure, except where The Family Courts Act provides otherwise. This means that the Family Court will handle the divorce like any civil court would handle a civil dispute, but with the flexibility to adapt procedures as per The Family Courts Act.

When it comes to any criminal proceedings related to the divorce, such as a claim of domestic violence, Section 10(2) indicates that the Code of Criminal Procedure would apply for those specific proceedings in the Family Court.

Moreover, Section 10(3) allows the Family Court to create its own procedure to facilitate settlement between John and Jane or to determine the truth behind their allegations and counter-allegations. This could mean that the court might suggest mediation or a different approach that is less formal than the traditional court proceedings to resolve their issues amicably.