The Lok Sabha recently passed a noteworthy legislation, the Family Courts (Amendment) Bill, 2022. This legislation amends the Family Courts Act, 1984, paving the way for the establishment of family courts in Himachal Pradesh and Nagaland.
Understanding the Family Courts Act, 1984
The Family Courts Act, 1984, was enacted to establish family courts. The primary aim was to encourage conciliation and ensure speedy dispute resolution related to marriage and family affairs, among other related issues.
The act empowers the state government to appoint one or more persons as the judge or judges of a family court, with the concurrence of the High Court. Furthermore, the Act encourages the association of social welfare agencies with the Family Court. This can include institutions engaged in social welfare, individuals professionally involved in promoting family welfare, those working in the sector of social welfare, and any other person whose association would aid the family court in better exercising its jurisdiction, while abiding by the purposes of this Act.
The Family Courts (Amendment) Bill: An Overview
This bill seeks to establish family courts in the states of Himachal Pradesh and Nagaland. It validates the establishment of such courts in Himachal Pradesh from February 15th, 2019, and in Nagaland from September 12th, 2008.
Moreover, the bill introduces a new Section 3A to retrospectively validate all actions taken by the state governments of Himachal Pradesh and Nagaland, along with the family courts of these states under the said Act before the commencement of the Family Courts (Amendment) Act, 2022.
According to this bill, all orders related to the appointment of a family court judge, including their posting, promotion, or transfer under the Act, will also hold valid in these two states.
The Need for the Amendment
Currently, there are 715 family courts established and functioning across 26 states and Union territories. This includes three family courts in Himachal Pradesh and two in Nagaland.
However, these five courts were functioning without jurisdiction due to the absence of Central Government notification required to bring the said Act into force in these states. This issue was challenged in the Himachal Pradesh High Court, which stated that these courts operating without jurisdiction made any action taken under the said Act potentially legally void from inception.
Similarly, family courts in Nagaland were also operating without legal authority since 2008. The amendment to the Family Courts Act, 1984, thus becomes essential to rectify this oversight and legally establish the operation of family courts in these two states.
The passage of the Family Courts (Amendment) Bill, 2022, marks a significant step towards streamlining the functioning of family courts and ensuring their legal standing in all Indian states and Union territories.
Source: IE