FAMILY COURTS ACT

SUMMARY

CHAPTER I

PRELIMINARY

SECTION 1: SHORT TITLE, EXTENT AND COMMENCEMENT

This section gives the brief introduction about what this act will be called as i.e. the family courts
act, 1984. It will extent to whole part of India and shall come into force when the central
government by notification appoint for different notification.

SECTION 2: DEFINITIONS

This section gives definition of the word and expression used under this act. It defines judge,
notification, prescribed and family courts and said that the expression which are not defined
under this act but used under it then the definition of the word will be the same as used in Code
of Civil Procedure, 1908.

CHAPTER 2

FAMILY COURTS

SECTION 3: ESTABLISHMENT OF FAMILY COURT

According to this section, the State government, after consultation with the High Court shall
establish the Family Court in every area of the state where the population is exceeding 1 million
or in the area where the State government deem necessary.  The State government will also, after
consultation with the High Court, shall specify the limits of the area till where the jurisdiction of
the Family Court extends. It may also reduce, increase, or alter such limits of the jurisdiction of
the Family Court. 

SECTION 4: APPOINTMENT OF JUDGES

This section provides the state government has the power to appoint one or more persons as the
judges of the Family Court after consulting with the High Court. The state government, after
consulting with the High Court, may also appoint any of the judges as the Principal Judge and
any other judge as to the Additional Principal Judge. The main function of the Principal Judge is
to distribute the business of the court among the various judges and the Additional Principal
Judge is appointed to exercise the powers of the Principal Judge in his absence or when he is not
able to do so due to illness or any other cause. 
This section also led down the following qualifications which are required for appointing as
judge of the Family Court:

 He must have worked for a term not less than seven years in a Judicial Office in India or
in the office of a Member of a Tribunal or any post under the Centre or a State which
requires special knowledge of law; or

 He must have worked as an advocate of a High Court or two or more courts of succession
for a term not less than seven years; or

 He must possess such qualifications as prescribed by the Central government after

consulting with the Chief Justice of India; or

 He must have not attained the age of sixty-two years.

In this process of selection of judges, it must be ensured that the person selected must know how
to settle a dispute by way of conciliation and counseling, to protect the marriage and to promote
the welfare of the children by their reason and experience. While selecting the judges, it must
also be ensured that the preference shall be given to the women. 

The salary or honorarium, other allowances payable and other terms and conditions of the judges
of the Family Court will be decided by the State Government after consulting with the High
Court.

SECTION 5: ASSOCIATION OF SOCIAL WELFARE AGENCIES, ETC

Under this section, the state government after consulting with the High Court may make rules
regarding the association of the following persons or institutions with the family court:

 organizations or institutions related to social welfare;

 A professional person who will work for the welfare of the family court;
 Any person who is working in the field of social welfare;
 Any other person whose presence will ensure the effective working of the family court.

SECTION 6: COUNSELLORS, OFFICERS AND OTHER EMPLOYEES OF FAMILY

COURTS.

This section provide that the state government after consulting with the family court shall
determine the number of counselors, officers and other employees who will help the family court
in discharging its functions effectively and shall ensure the presence of such counselors, officers
and other employees. The counselors play an important role in the working of the family court.
Most of the cases of the family court can be solved by effective counseling. So, the fair selection
of counselors for the family court must be ensured. 
 CHAPTER 3

JURISDICTION

SECTION 7: JURISDICTION

This section confers those power and jurisdiction on the family courts which are exercised by the
District Court or Subordinate Civil Courts in their suits and proceedings. The Explanation of this
section tells about the nature of the suits and proceedings, which are for the decree of nullity of
marriage, or restitution of conjugal rights, or for the dissolution of the marriage between the
parties; for determining the validity of a marriage or matrimonial status of a person; in the matter
related to the properties between the parties to a marriage; for an injunction or order arising out
of a marriage; for declaring the legitimacy of a person; for maintenance; for the guardianship of
the person, or custody of any minor. It also the power to exercise a jurisdiction which is
exercised by a Magistrate of the first class under Chapter IX of the Code of Criminal Procedure,
1973 and such other jurisdiction as provided by any other enactment.

SECTION 8: EXCLUSION OF JUSISDICTION AND PENDING PROCEEDINGS

This section sates the jurisdiction in respect of any suit or proceeding will be different from
district court or any subordinate civil court which is referred under section 7 (1) and also
excludes the power and jurisdiction of magistrate under Chapter IX of the Code of Criminal
Procedure, 1973. It also state that every suit or proceeding of the nature as mention under section
7(1) and under Chapter IX of the Code of Criminal Procedure, 1973 which are pending shall
immediately transferred to such family courts and which would have been required to be
instituted before such Family Court.

CHAPTER 4

PROCEDURE

SECTION 9: DUTY OF FAMILY COURT TO MAKE EFFORTS FOR SETTLEMENT

This section prescribes the duty of the family court to make efforts to promote reconciliation
between the parties. In the first instance, the family court, in every suit or proceeding, shall make
efforts to convince the parties to settle the dispute with an agreement and for this purpose, the
family court may follow the rules prescribed by the High Court or follow such rules or procedure
as the family court may deem fit. If the family court finds that at any stage of the proceeding
there is a reasonable probability of settlement between the parties, the court has the power to
adjourn the proceedings until the settlement is reached. The power prescribed under sub-section
2 is an addition to the powers of the family court. 

SECTION 10: PROCEDURE GENERALLY

This section laid the general procedure which is followed by the family courts. It applies the
provisions of the Code of Civil Procedure, 1908, in the suits or proceedings of the family court
and by applying the Code, the family court shall be deemed to be a civil court and shall have
powers of such court. It also says that the provisions of the Code of Civil Procedure, 1908 are
applied on the suits and proceedings of the family court, under chapter IX of the code. It also
gives power to the family court to lay down its own procedure according to the circumstances of
the suit or proceeding or at the truth of the facts made by one party and refused by another,
intending to arrive at a settlement.

SECTION 11: PROCEEDINGS TO BE HELD IN CAMERA

This section prescribes that the proceedings of the family court may be held in camera, if the
court feels so, or any party to the suit wants to do such.

SECTION 12: ASSISTANCE OF MEDICAL AND WELFARE EXPERTS

This section prescribes that the family court can take assistance from medical and welfare
experts. According to this section, the family court is open with an option to secure the services
of a medical expert or any other person (preferably a woman), whether related to the parties or
not or any professional who will promote the welfare of the family or any other person who can
help the family court in discharging its functions. 

SECTION 13: RIGHT TO LEGAL REPRESENTATION

This section states that no party is entitled to have a legal representative under a suit or
proceeding before the family court. Unless the court found it necessary then it may seek
assistance of legal expert as amicus curiae.

SECTION 14: APPLICATION OF INDIAN EVIDENCE ACT, 1872

This section provides that any report, statement or document, related to the subject matter is
admissible under Indian Evidence Act, 1872.

SECTION 15: RECORD OF ORAL EVIDENCE

This section states that it is not necessary for a family court to record the evidence of a witness at
length, only that part is sufficient which is related to the suit or proceeding and it should be
signed by the judge and the witness. 

SECTION 16: EVIDENCE OF FORMAL CHARACTER ON AFFIDAVIT

This section prescribe a form that how the evidence should be admitted. It states that if the
evidence has a formal character then it may be given by affidavit and other then that will be read
in evidence in any suit or proceeding. The May on the application of any parties to the suit or
proceedings may summon any person.
SECTION 17: JUDGEMENT

This section states that a judgment should contain concise statement of the case, the point for
determination, the decision thereon and the reasons for such decision.

SECTION 18: EXECUTION OF DECREES AND ORDERS

This section provides that a decree or an order 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 expect order under Chapter IX of the Code of Criminal Procedure, 1973 (2 of 1974). 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 by that code. Furthermore, any family court
can execute a decree or order or sent other family court or ordinary civil courts to execute it.

CHAPTER 5

APPEAL AND REVISION

SECTION 19: APPEAL

This section state that an appeal on every judgment or order of a family court shall be made
directly to the High Court except interlocutory orders. If a family court passed a decree or order
with the consent of the parties then it is not applicable for an appeal. If any appeal is preferred
under this act then it shall be made within 30 days from the date of the judgment or order of a
family court section 19(2). Appeal shall be heard by a bench consisting two or more judges.

CHAPTER 6

MISCELLANEOUS

SECTION 20: ACT TO HAVE OVERRIDING EFFECT

The provision under this section will prevail over any other law for the time being in force.

SECTION 21: POWER OF HIGH COURT TO MAKE RULES

Under this act the high court has a power to make rule which he deemed fit for carrying out the
purpose of this act. Rules particularly in the matters of normal working hours, outside normal
working hours, holding of sittings of family courts on holidays, sitting of family courts other
than their ordinary place of sitting and efforts and procedure which may be followed by the
family court for assisting and persuading parties to arrive at a settlement.

SECTION 22: POWER OF CENTRAL GOVERNMENT TO MAKE RULE

The central government with the concurrence of the chief justice of India can make rules other
than section 4 (3) (c). The rules shall came into force after it is made before each house of
parliament, while it is in session for a total period of 30 days which may be comprised in one
session or in two or more successive session and both the houses have agreed with the
notification.

SECTION 23: POWER OF THE STATE GOVERNMENT TO MAKE RULES

The state government can make rules after the consultation with the High Court , particularly in
the matters mentioned under section 6 (4) and section 6, section 12 and section 13 of this act and
any other matters provided by the rules. Every rule made by a state government shall be laid after
it is made before the state legislature.