(No.66 of 1984)[14th September, 1984]
An Act to provide for the establishment of Family Courts with a view to promote
conciliation in, and secure speedy settlement of, disputes relating to marriage
and family affairs and for matters connected therewith
Be it enacted by Parliament in the Thirty-fifth Year of the Republic of India as
follows:
CHAPTER I
Preliminary
1. Short title, extent and commencement.- (1) This
Act may be called the Family Courts Act, 1984.(2) It extends to the whole of
India except the State of Jammu and Kashmir.(3) It shall come into force on such
date as the Central Government may, by notification in the Official Gazette,
appoint, and different dates may be appointed for different States.
2. Definitions.- In this Act, unless the context
otherwise requires,(a) "Judge" means the Judge or, as the case may be, the
Principal Judge, Additional Principal Judge or other Judge of a Family Court;(b)
"notification" means a notification published in the Official Gazette;(c)
"prescribed" means prescribed by rules made under this Act;(d) "Family Court"
means a Family Court established under Sec.3;(e) all other words and expressions
used but not defined in this Act and defined in the Code of Civil Procedure,
1908(5 of 1908), shall have the meanings respectively assigned to them in that
Code.
CHAPTER II
Family Courts
3. Establishment of Family Courts.- (1) For the
purpose of exercising the jurisdiction and powers conferred on a Family Court by
this Act, the State Government after consultation with the High Court, and by
notification,-(a) shall, as soon as may be after the commencement of this Act,
establish for every area in the State comprising a city or town whose population
exceeds one million, a Family Court;(b) may establish Family Courts for such
other areas in the State as it may deem necessary.
(2) The State Government shall, after consultation with the High Court specify,
by notification, the local limits of the area to which the jurisdiction of a
Family Court shall extend and may, at any time, increase, reduce or alter such
limits.
4. Appointment of Judges.- (1) The State
Government may, with the concurrence of the High Court appoint one or more
persons to be the Judge or Judges, of a Family Court.
(2) When a Family Court consists of more than one Judge-
(a) each of the Judges may exercise all or any of the powers conferred on the
Court by this Act or any other law for the time being in force;
(b) the State Government may, with the concurrence of the High Court, appoint
any of the Judges to be the Principal Judge and any other Judge to be the
Additional Principal Judge;
(c) the Principal Judge may, from time to time, make such arrangements as he may
deem fit for the distribution of the business of the Court among the various
Judges thereof;
(d) the Additional Principal Judge may exercise the powers of the Principal
Judge in the event of any vacancy in the office of the Principal Judge or when
the Principal Judge is unable to discharge his functions owing to absence,
illness or any other cause.(
3) A person shall not be qualified for appointment as a Judge unless he-(a) has
for at least seven years held a Judicial office in India or the office of a
member of a tribunal or any post under the Union or a State requiring special
knowledge of law; or
(b) has for at least seven years been an advocate of a High Court or of two or
more such Courts in succession; or
(c) possesses such other qualification as the Central Government may. with the
concurrence of the Chief Justice of India, prescribe.
(4) In selecting persons for appointment as Judges-(a) every endeavour shall be
made to ensure that persons committed to the need to protect and preserve that
institution of marriage and to promote the welfare of children and qualified by
reason of their experience and expertise to promote the settlement of disputes
by conciliation and counselling are selected; and
(b) preference shall be given to women.
(5) No person shall be appointed as or hold the office of, a Judge of a Family
Court after he has attained the age of sixty-two years.
(6) No salary or honorarium and other allowances payable to, and the other terms
and conditions of service of, a Judge shall be such as the State Government may,
in consultation with the High Court, prescribe.
5. Association of social welfare agencies, etc.-
The State Government may, in consultation with the High Court, provide. by
rules, for the association, in such manner and for such purposes and subject to
such conditions as may be specified in the rules, with a Family Court of-(a)
institutions or organisations engaged in social welfare or the representatives
thereof;(b) persons professionally engaged in promoting the welfare of the
family;(c) persons worklng in the field of social welfare; and(d) any other
person whose association with a Family Court would enable it to exercise its
jurisdiction more effectively in accordance with the purposes of this Act.
6. Counsellors, officers and other employees of Family
Courts.- (1) The State Government shall, in consultation with the High
Court, determine the number and categories of counsellors, officers and other
employees required to assist a Family Court in the discharge of its functions
and provide the Family Court with such counsellors, officers and other employees
as it may think fit.
(2) The terms and conditions of association of the counsellors and the terms and
conditions of service of the officers and other employees. referred to in
sub-section (1), shall be such as may be specified by rules made by the State
Government.
CHAPTER III
Jurisdiction
7. Jurisdiction.- (1) Subject to the other
provisions of this Act, a Family Court shall-(a) have and exercise all
thejurisdiction exercisable by any district Court or any subordinate Civil Court
under any law for the time being in force in respect of suits and proceedings of
the nature referred to in the Explanation; and(b) be deemed, for the purposes of
exercising such jurisdiction under such ~w, to be a district Court or, as the
case may be. such subordinate Civil Court for the area to which the jurisdiction
of the Family Court extends.Explanation.-The suits and proceedings referred to
in this subsection are suits and proceedings of the following nature, namely:
(a) a suit or proceeding between the parties to a marriage for decree of a
nullity marriage (declaring the marriage to be null and void or, as the case may
be, annulling the marriage) or restitution of conjugal rights or judicial
separation or dissolution of marriage;
(b) a suit or proceeding for a declaration as to the valldity of a marriage or
as to the matrimonial statu
s of any person;
(c) a suit or proceeding between the parties to a marriage with respect to the
property of the parties or of either of them;
(d) a suit or proceeding for an order or injunction in circumstances arising out
of a marital relationship;
(e) a suit or proceeding for a declaration as to the legitimacy of any person;
(f) a suit or proceeding for maintenance;
(g) a suit or proceeding in relation to the guardianship of the person or the
custody of, or access to, any minor.
(2) Subject to the other provisions of this Act a Family Court shall also have
and exercise;
(a) the jurisdiction exercisable by a Magistrate of the first class under
Chapter IX (relating to order for maintenance of wife, children and parents) of
the Code of Criminal Procedure, 1973 (2 of 1974); and
(b) such other jurisdiction as may be conferred on it by any other enactment.
8. Exclusion of jurisdiction and pending proceedings.-
Where a Family Court has been established for any area:
(a) no district Court or any subordinate Civil Court referred to in sub-section
(1) of Sec. 7 shall, in relation to such area, have or exercise any jurisdiction
in respect of any suit or proceeding of the nature referred to in the
Explanation to that sub-section;
(b) no Magistrate shall, in relation to such area, have or exercise any
jurisdiction or powers under Chapter IX of the C9de of Criminal Procedure, 1973
(2 of 1974);
(c) every suit or proceeding of the nature referred to in the Explanation to
sub-section (1) of Sec. 7 and every proceeding under Chapter IX of the Code of
Criminal Procedure, 1973(2 of 1974)-
(i) which is pending immediately before the establishment or such Family Court
before district Court or subordinate Court referred to in that sub-section or,
as the case may be, before any Magistrate under the said Code; and
(ii) which would have been required to be instituted or taken before or by such
Family Court if, before the date on which such suit or proceeding was instituted
or taken, this Act has come into force and such Family Court had been
established,shall stand transferred to such Family Court on the date on which it
is established;
CHAPTER IV
Procedure
9. Duty of Family Court to make efforts for settlement.-
(1) In every suit or proceeding, endeavour shall be made by Family Court
in the first instance, where it is possible to do so consistent with the nature
and circumstances of the case, to assist and persuade the parties in arriving at
a settlement in respect of the subject-matter of the suit or proceeding and for
this purpose a Family Court may, subject to any rules made by the High Court,
follow such procedure as it may deem fit.
(2) If, in any suit or proceeding, at any stage, it appears to the Family Court
that there is a reasonable possibility of a settlement between the parties. the
Family Court may adjourn the proceedings for such period as it thinks fit to
enable attempts to be made to effect such a settlement.
(3) The power conferred by sub-section (2) shall be in addition to, and not in
derogation of, any other power of the Family Court. to adjourn the proceedings.
10. Procedure generally.- (1) Subject to the other
provisions of this Act and rules, the provisions of the Code of Civil Procedure,
1908(5 of 1908), and of any other law for the time being in force shall apply to
the suits and proceedings other than the proceedings under Chapter IX of the
Code of Criminal Procedure, 1973(2 of 1974), before a Family Court and for the
purpose of the said provisions of the Code, a Family Court shall be deemed to be
a Civil Court and shall have all the powers of such Court.
(2) Subject to the other provisions of this Act and the rules, the provisions of
the Code of Criminal Procedure, 1973 (2 of 1974), or the rules made thereunder,
shall apply to the proceedings under Chapter IX of the Code before a Family
Court.
(3) Nothing in sub-section (1) or sub-section (2) shall prevent a Family Court
from laying down its own procedure with a view to arrive at a settlement in
respect of the subject-matter of the suit or proceedings or at the truth of the
facts alleged by the one party and denied by the other.
11. Proceedings to be held in camera.- In every
suit or proceedings to which the Act applies, the proceedings may be held in
camera if the Family Court so desires and shall be so held if either party so
desires.
12. Assistance of medical and welfare experts.- In
every suit or proceedings, it shall be open to a Family Court to secure the
services of a medical expert or such person (preferably a woman where
available), whether related to the parties or not, including a person
professionally engaged in promoting the welfare of the family as the Court may
think fit, for the purposes of assisting the Family Court in discharging the
functions imposed by this Act.
13. Right to legal representation.-
Notwithstanding anything contained in any law, no party to a suit or proceeding
before a Family Court shall be entitled, as of right to be represented by a
legal practitioner:Provided that if the Family Court considers it necessary in
the interest of justice, it may seek the assistance of a legal expert as
amicus curiae.
14. Application of Indian Evidence Act, 1872.- A
Family Court may receive as evidence any report, statement, documents,
information or matter that may, in its opinion. assist it to deal effectually
with a dispute, whether or not the same would be otherwise relevant or
admissible under the Indian Evidence Act, 1872 (1 of 1872).
15. Record of oral evidence.- In suit or
proceedings,before a Family Court, it shall not be necessary to record the
evidence of witnesses at length, but the Judges as the examination of each
witness proceeds, shall, record or cause to be recorded, a memorandum of the
substance of what the witness deposes, and such memorandum shall be signed by
the witness and the Judge and shall form part of the record.
16. Evidence of formal character on affidavit.-
(1) The evidence of any person where such evidence is of a formal character, may
be given by affidavit and may subject to all just exceptions, be read in
evidence in any suit or proceeding before a Family Court.2) The Family Court
may, if it thinks fit, and shall, on the application of any of the parties to
the suit or proceeding summon and examine any such person as to the facts
contained in his affidavit.
17. Judgment.- Judgment of a Family Court shall
contain a concise statement of the case, the point for determination, the
decision thereon and the reasons for such decision.
18. Execulion of decrees and orders.- (1) A decree
or an order (other than an order under Chapter Ix of the Code of Criminal
Procedure, 1973, (2 of 1974), passed by a Family Court shall have the same force
and effect as a decree or order of a Civil Court and shall be executed in the
same manner as is prescribed by the Code of Civil Procedure, 1908 (5 of 1908),
for the execution of decrees and orders.(2) An order passed by a Family Court
under Chapter IX of the Code of Criminal Procedure 1973, (2 of 1974), shall be
executed in the manner prescribed for the execution of such order by that
Code.(3) A decree or order may be executed either by the Family Court which
passed it or by the other Family Court or ordinary Civil Court to which it is
sent for execution.
CHAPTER V
Appeals and Revisions
19. Appeal.- (1) Save as provided in sub-section
(2) and notwithstanding anything contained in the Code of Civil Procedure,
1908(5 of 1908), or in the Code of Crtminal Procedure, 1973 (2 of 1974), or in
any other law, an appeal shall lie from every judgment or order, not being an
interlocutory order of a Family Court to the High Court both on facts and on
law.
(2) No appeal shall lie from a decree or order passed by the Family Court with
the consent of the parties or from an order passed under Chapter Ix of the Code
of Criminal Procedure, 1973 (2 of 1974):Provided that nothing in this
sub-section shall apply to any appeal pending before a High Court or any order
passed under Chapter IX of the Code of Criminal Procedure, 1973 (2 of 1974),
before the commencement of the Family Courts (Amendment) Act, 1991.
(3) Every appeal under this section shall be preferred within a period of thlrty
days from the date of the judgment or order of a Family Court.
(4) The High Court may, of its own motion or otherwise, call for and examine the
record of any proceeding in which the Family Court situate within its
jurisdiction passed an order under Chapter IX of the Code of Criminal Procedure,
1973 (2 of 1974) for the purpose of satisfying itself as to the correctness,
legality or propriety of the order, not being an interlocutory order, and as to
the regularity of such proceeding.
(5) Except as aforesaid, no appeal or revision shall lie to any Court from any
judgment, order or decree of a Family Court.
(6) An appeal referred under sub-section (1) shall be heard by a Bench
consisting of two or more Judges.
CHAPTER VI
Miscellaneous
20. Act to have overriding effect.- The provisions
of this Act shal] have effect notwithstanding anything inconsistent therewith
contained in any other law for the time being in force or in any instrument
having effect by virtue of any law other than this Act.
21. Power of High Court to make rules.- (1) The
High Court may, by notification in the Official Gazette, make such rules as it
may deem necessary for carrying out the purposes of this Act.
(2) In particular. and without prejudice to the generality of the foregoing
power, such rules may provide for all or any of the following matters namely:(a)
normal working hours of Family Courts and holding of sittings of Family Courts
on holidays and outside normal working hours;(b) holding of sittings of Family
Courts at places other than the ordinary places of sitting:(c) efforts which may
be made by, and the procedure which may be followed by, a Family Court for
assisting and persuading parties to arrive at a settlement.
22. Power of the Central Government to make rules.-
(1) The Central Government may, with the concurrence of the Chief Justice of
India, by notification, make rules prescribing the other qualifications for
appointment of a Judge referred to in Cl.(c) of sub-section (3) of Sec.4.(2)
Every rule made under this Act by the Central Government shall be laid, as. soon
as may be after it is made. before each House of Parliament, while it is in
session, for a total period of thirty days which may be comprised in one session
or in two or more successive sessions and if, before the expiry of the session
immediately following the session or the successive sessions aforesaid, both
Houses agree in making any modification in the rule or both Houses agree that
the rule should not be made, the rule shall thereafter have effect only in such
modified form or of no effect, as the case may be; so, however, that any such
modification or annulment shall be without prejudice to the validity of anything
previously done under that rule.
23. Power of the State Government to make rules.-
(1) The State Government may, after consultation with the High Court, by
notification make rules for carrying out the purposes of this Act.
(2) In particular and without prejudice to the generality of the provisions of
sub-section (1), such rules may provide for all or any of the following matters,
namely:
(a) the salary or honorarium and other allowances payable to, and the terms and
conditions of Judges under sub-section (6) of Sec. 4;
(b) the terms and conditions of association of counsellors and the terms and
conditions of service of the officers and other employees referred to in Sec. 6;
(c) payment of fees and expenses (including travelling expenses) of medical and
other experts and other persons referred to in Sec. 12 out of the revenues of
the State Government and the scales of such fees and expenses;
(d) payment of fees and expenses to legal practitioners appointed under Sec. 13
as amicus curiae out of the revenues of the State Government and the
scales of such fees and expenses;
(e) any other matter which is, required to be, or may be, prescribed or provided
for by rules.
(3) Every rule made by a State Government under this Act shall be laid, as soon
as may be after it is made, before the State Legislature.
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