News Highlight
The Rajya Sabha passed the Family Courts (Amendment) Bill.
Key Takeaway:
- The seeks to extend statutory cover to family courts set up in Himachal Pradesh and Nagaland.
- The Law Minister said there are currently 715 family courts in 26 states and the Union Territories across the country.
The Family Courts (Amendment) Bill 2020
- The Bill amends the Family Courts Act, 1984.
- The Act allows state governments to establish Family Courts.
- The governments of Himachal Pradesh and Nagaland have set up Family Courts in their states under the Act.
- However, the central government has not extended the application of the Act to these states.
- The Bill seeks to extend the application of the Act to the states of Himachal Pradesh and Nagaland.
Family Court
- The Family Court is a special court mainly concerned with resolving family disputes.
- The Family Court Act 1984 was enacted for the establishment of Family Courts.
- The 59th Law Commission Report in 1974 suggested the establishment of family courts by the states.
Basis and Power of establishment.
- According to provisions of the Act, the state government is empowered to establish a family court.
- The states decide their jurisdiction with the consultation of the High Court of the concerned state.
- The jurisdiction and the number of judges can be altered by notification by the government.
The criteria for the appointment of a judge
- A person should have either seven years of experience as a judicial officer or the office of a Member of a Tribunal.
- He/She must be less than sixty-two years old.
Types of cases that are heard in family courts.
- Dissolution of marriage
- Custody of a child
- Domestic violence
- Maintenance
- Property disputes
Jurisdiction of the Family Court
- It has jurisdiction in civil and criminal matters.
- Under civil matters, it can deal with any suit and proceeding related to:
- Matrimonial issues
- The legitimacy of any person
- Maintenance and custody of a child.
- In criminal proceedings, it has jurisdiction related to
- The maintenance of a wife
- The maintenance of children and parents.
Powers of the Family Courts regarding evidence
- The Judge of a Family Court has the power to order the recording of the oral evidence given by a witness.
- A Family Court judge may summon and examine any person who is part of an affidavit submitted to the court as any form of evidence.
Appeal
- An appeal against the judgment passed by the Family Court can be filed in the High Court within 30 days of the date of the judgment.
Pic Courtesy: ipleaders
Content Source: The Indian Express