[Act No. 66 of Year 1984, dated
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
(1) This Act may be called the
Family Courts Act, 1984.
(2) It extends to the whole of
(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.
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.
(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.
(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
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.
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 working 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.
(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.
(1) Subject to the other
provisions 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.
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 power 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.
(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 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.
(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 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.
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.
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.
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.
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).
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.
Judgement 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
(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 judgement 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.]
(3) Every appeal under this
section shall be preferred within a period of thirty days from the date of
judgement or order of a Family Court.
3[(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 with in its jurisdiction passed an order under
Chapter IX of the Code of Criminal Procedure, 1973 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.]
3[(5)] Except as aforesaid, no
appeal or revision shall lie to any court from any judgement, order or decree of
a Family Court.
3[(6)] An appeal preferred under
sub-section (1) shall be heard by a Bench consisting of two or more
Judges.
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.
(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.
(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.
(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 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.
1 Substituted for "Appeals" by Act
No. 59 of 1991, w.e.f. 28th. December, 1991.
2 Inserted ibid.
3 Sub-sections (4) and (5)
renumbered as sub-sections (5) & (6) thereof and new sub-section (4)
inserted ibid.