Family Courts Act, 1984
Family courts Act, 1984
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
9. Duty of Family Court to make efforts
for settlement.-
(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.
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. Execution 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. CHAP APPEALE AND
REVISIONS CHAPTER V 1[ APPEAL 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 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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