Central Government Act
Family
Courts Act, 1984
Family courts Act, 1984
Act XX of 1984 CHAPTER I
PRELIMINARY
Act XX of 1984 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 1[ 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 section 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. This Act shall come into force in the following
State Union territories on the date memtioned against each of them. Name of
State U. T. Date on which the Notification Act shall come No. and date into
force 1. Andaman and 19. 11. 1986 Gaz. Notifn is awaited Nicoban Islands 2.
Madhya Pradesh 19. 11. 1986 Gaz. Notifn is awaited 3. Uttar Pradesh 2. 10. 1986
Gaz. of India, Exty., 4. Delhi 19. 11. 1986 S. O. 863 (E), dt. 18. 11. 1986 5.
Maharashtra 1. 12. 1986 S. O. 944 (E), dt. 5. 12. 1986 6. Karnataka 25. 05.
1987 G. S. R. 685 (E), dt. 15. 5. 1987 7. Orissa 1. 05. 1989 S. O. 321 (E), dt.
27. 4. 1989 8. Kerala 21. 10. 1989 Gaz. Notifn is awaited 9. Goa 16. 04. 1990
S. O. 328 (E). dt. 12. 4. 1990 10. Pondicherry 1. 05. 1987 G. S. R. 459 (E).
dt. 29. 4. 1987 11. West Bengal 1. 11. 1991 No. 79 12 86-Jus, Pt. II, SI (E)
12. Assam 2. 10. 1991 No. 79 2 86-Jus, Gaz. Pt. II, SI (E) 13. Bihar 10. 12.
1991 S. O. 838 (E), dt. 6. 12. 1991 14. Manipur 3. 02. 1991 S. O. 91 (E), dt.
30. 1. 1992 15. Haryana 2. 11. 1992 S. O. 784 (E), dt. 23. 10. 1992 16. Andhra
Pradesh 15. 2. 1995 S. O. 92 (E), dt. 6- 2- 1995
CHAP
FAMILY COURTS 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 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 verious 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 qualifications 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 the 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) The
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 or the family;
(c) persons
working 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 Courts
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.
CHAP JURISDICTION CHAPTER III JURISDICTION
7. Jurisdiction.-
(1) Subject
to the other provision of this Act, a Family Court shall--
(a) have and
exercise all the jurisdiction 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 law, 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 sub- section are suits and
proceedings of the following nature, namely:--
(a) a suit or
proceeding between the parties to a marriage for a decree of nullity of
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 validity of a marriage or as to the
matrimonial status 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 section 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 Code 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 section 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 of such Family Court before any
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 had 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. CHAP PROCEDURE CHAPTER IV PROCEDURE
(1) In every suit or proceeding, endeavour shall be made by the 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 presuade 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 the 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 purposes 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 that 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 this 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 suits or proceedings before a Family
Court, it shall not be necessary to record the evidence of witnesses at length,
but the Judge, 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.
(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.
(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. CHAP APPEALE AND REVISIONS CHAPTER V 1[ APPEAL AND
REVISIONS]
(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
Criminal 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. 2[ 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 (59
of 1991 )]
1. Subs.
by Act 59 of 1991, s. 2 for" Apeals". 2. Ins. by s. 2. ibid.
(3) Every appeal under this section shall be preferred within a period
of thirty days from the date of the judgment or order of a Family Court.
(4) 1[ 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) 2[ ] Except as aforesaid, no appeal or revision shall lie to any
court from any judgment, order or decree of a Family Court.
(6) 3[ ] An appeal preferred under sub- section (1) shall be heard by
a Bench consisting of two or more Judges. CHAP MISCELLANEOUS CHAPTER VI
MISCELLANEOUS
20. Act to have overriding effect.- The provisions of this Act shall
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 their 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 clause (c) of sub- section (3) of section 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 be 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
1. Ins.
by Act 59 of 1991, s. 2. 2. Subs- section (4) and (5) shall be renumbered as
sub- section (5) and (6) by s. 2, ibid.
following
matters, namely:--
(a) the
salary or honorarium and other allowances payable to, and the other terms and
conditions of Judges under sub- section (6) of section 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 section 6;
(c) payment
of fees and expenses (including travelling expenses) of medical and other
experts and other persons referred to in section 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 section 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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