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Section 4 – The Family Courts Act,1984

The Family Courts Act,1984

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 Judges 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 counseling 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 as the State Government may, in consultation with the High Court, prescribe.

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The Family Courts Act,1984

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