Family Courts (Amendment) Bill 2022

Union Law Minister Kiren Rijiju introduced the Family Courts (Amendment) Bill in order to give statutory cover to the Family Courts operating in Himachal Pradesh and Nagaland on July 18.

• It will retrospectively grant statutory status to the courts operating in these two States. Two courts were established in Nagaland in 2008 and three in Himachal Pradesh through notifications issued by the State governments.

Why bill was introduced for only two states?

• As per the procedure, setting up family courts and their functioning fall within the domain of the state governments in consultation with the respective high courts.

• But both these states have set up the courts on their own and had been functioning without any legal authority since their inception.

• The absence of a mandatory central government notification has raised questions on the jurisdiction of the family courts set in two states, Nagaland and Himachal Pradesh.

• The validity of the family courts in Himachal Pradesh was challenged in the state high court last year, citing the absence of the central government notification.

• Now the centre has introduced a bill to give statutory cover to family courts in these two states with retrospective effect.

About Family Courts

• Setting up of Family Courts and its functioning lies within the domain of State Government in consultation with their respective High Courts.

• The Family Courts Act, 1984 provides for the establishment of Family Courts by the State Governments in consultation with the High Courts to promote conciliation and secure speedy settlement of disputes relating to marriage and family affairs.

• As per the Act, it is mandatory for the State Government to set up a Family Court for every city or a town whose population exceeds one million.

• In other areas of the States, the Family Courts may be set up if the State Governments deems it necessary.

• A central government notification is must to give effect to the provisions of the 1984 law in a state where such courts are set up.

• To facilitate setting up of Family Courts, the Central Government provides financial assistance.

• As per the statistics by the Union Ministry of Law and Justice, there are 715 family courts functioning across 26 states and union territories in the country.

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