Lok Sabha passes family courts Bill

Source: The post is based on the article “Lok Sabha passes family courts Bill” published in Indian Express on 29th July 2022.

What is the News?

Lok Sabha has passed the Family Courts (Amendment) Bill, 2022.

What is the Family Courts Act, 1984?

The Family Courts Act,1984 allows State governments to establish family courts to promote conciliation and ensure that disputes related to family affairs and marriage are promptly settled. 

Under the Act, the setting up of family courts and their functioning comes under the purview of the State governments in consultation with their respective high courts. The Act also lays down provisions for the appointment of judges in family courts.

What is the Family Courts (Amendment) Bill, 2022?

The Bill amends the Family Courts Act, 1984 to establish family courts in Himachal Pradesh with effect from February 15, 2019, and in Nagaland with effect from September 12, 2008.

The Bill also seeks to insert a new Section 3A to retrospectively validate all actions under the said Act taken by the State Government of Himachal Pradesh and Nagaland and the Family Courts of those states prior to the commencement of the Family Courts (Amendment) Act, 2022.

Why was this amendment needed?

There are 715 Family Courts which are established and functioning in 26 States and Union territories, including three Family Courts in the State of Himachal Pradesh and two-Family Courts in the State of Nagaland.

However, for Himachal and Nagaland, the Central Government notification was not issued for bringing the said Act into force in these states.

The issue of lack of jurisdiction of Family Courts in the State of Himachal Pradesh has been challenged before the High Court of Himachal Pradesh.

It was stated that as the Central Government has not issued any notification to extend the jurisdiction of Family Courts in the State of Himachal Pradesh, such Courts are functioning without jurisdiction and anything done or any action taken under the said Act appears to be void ab initio (having no legal effect from inception).

The family courts in Nagaland too were operating without any legal authority since 2008.