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FAMILY COURTS ACT, 1984
Family Courts Act, 1984
[66 OF 1984]
An Act to provide for the establishment of Family Courts with a view to promote conciliation in, and secure speedy settlement of disputes relating to marriage and family affairs and for matters connected therewith.
BE it enacted by Parliament in the Thirty-fifth Year of the Republic of India as follows:—
CHAPTER I
PRELIMINARY
Short title, extent and commencement.
1. (1) This Act may be called the Family Courts Act, 1984.1
(2) It extends to the whole of India 2[*** ].
(3) It shall come into force on such date3 as the Central Government may, by notification in the Official Gazette, appoint and different dates may be appointed for different States:
1. Dated 14-9-1984.
2. Words “except the State of Jammu and Kashmir” omitted by the Jammu and Kashmir Reorganisation Act, 2019, w.e.f. 31-10-2019. Again in relation to Union Territories of Jammu and Kashmir and Ladakh said words were omitted by the Jammu and Kashmir Reorganisation (Adaptation of Central Laws) Order, 2020, w.e.f. 18-3-2020 and Union Territory of Ladakh Reorganisation (Adaptation of Central Laws) Order, 2020, w.e.f. 23-10-2020, respectively.
3. This Act shall come into force in—
(i) Union territory of Andaman and Nicobar Islands, w.e.f. 19-11-1986 vide notification No. 79/22/86, dated 19-11-1986.
(ii) Madhya Pradesh, w.e.f. 19-11-1986 vide Notification No. 79/6/86, dated 14-11-1986.
(iii) Uttar Pradesh, w.e.f. 2-10-1986 vide Notification No. 79/11/86-Jus., dated 4-9-1986.
(iv) Delhi, w.e.f. 19-11-1986 vide Notification No. S.O. 863(E), dated 18-11-1986.
(v) Maharashtra, w.e.f. 1-12-1986 vide Notification No. S.O. 944(E), dated 5-12-1986.
(vi) Karnataka, w.e.f. 25-5-1987 vide Notification No. G.S.R. 695(E), dated 15-5-1987.
(vii) Orissa, w.e.f. 1-5-1989 vide Notification No. S.O. 321(E), dated 27-4-1989.
(viii) Kerala, w.e.f. 21-10-1989 vide Notification No. 79/5/86, dated 17-10-1989.
(ix) Goa, w.e.f. 16-4-1990 vide Notification No. S.O. 328(E), dated 12-4-1990.
(x) Union territory of Pondicherry, w.e.f. 1-5-1987 vide Notification No. G.S.R. 459(E), dated 29-4-1987.
(Cont. on page 2)
4[Provided that it shall be deemed to have come into force in the State of Himachal Pradesh with effect from the 15th February, 2019 and in the State of Nagaland with effect from the 12th September, 2008.]
Definitions.
2. In this Act, unless the context otherwise requires,—
(a) “Judge” means the Judge or, as the case may be, the Principal Judge, Additional Principal Judge or other Judge of a Family Court;
(b) “notification” means a notification published in the Official Gazette;
(c) “prescribed” means prescribed by rules made under this Act;
(d) “Family Court” means a Family Court established under section 3;
(
e) all other words and expressions used but not defined in this Act and defined in the Code of Civil Procedure, 1908 (5 of 1908) shall have the meanings respectively assigned to them in that Code.
COMMENTS
SECTION NOTES
2.1 Family Court
A ‘Family Court’ is a Court established by State Government under section 3 of this Act. This Act provides for the establishment of Family Courts with a view to promote conciliation in, and secure speedy settlement of disputes relating to marriage and family affairs.
The jurisdiction of Family Courts is provided for by sections 7 and 8 of this Act and extends to exercising all the jurisdiction of any distinct Court or any subordinate Civil Court under any law for the time being in force in respect of suits and proceedings of the following nature :
(
a) a suit or proceeding between the parties to a marriage for a decree of nullity of marriage (declaring the marriage to be null and void or, as the case may be, annulling the marriage) or restitution of conjugal rights or judicial separation or dissolution of marriage;
(
b) a suit or proceeding for a declaration as to the validity of a marriage or as to the matrimonial status of any person;
(
(
c) a suit or proceeding between the parties to a marriage with respect to the property of the parties or of either of them;
d) a suit or proceeding for an order or injunction in circumstances arising out of a marital relationship;
(Cont. from page 1)
(xi) West Bengal, w.e.f. 1-11-1991 vide Notification No. 79/12/86-Jus., dated 1-11-1991.
(xii) Assam, w.e.f 2-10-1991 vide Notification No. 79/2/86 Jus., dated 30-11-1991.
(xiii) Bihar, w.e.f 10-12-1991 vide Notification No. S.O. 838(E), dated 6-12-1991.
(xiv) Manipur, w.e.f. 3-2-1992 vide Notification No. S.O. 91(E), dated 30-1-1992.
(xv) Haryana, w.e.f. 2-11-1992 vide Notification No. S.O. 784(E), dated 24-10-1992.
(xvi) Andhra Pradesh, w.e.f. 15-2-1995 vide Notification No. S.O. 92(E), dated 6-2-1995.
(xvii) Gujarat, w.e.f. 1-1-2000 vide Notification No. S.O. 1268(E), dated 20-12-1999.
(xviii) Union territory of Daman and Diu, w.e.f. 10-10-2003 vide Notification No. S.O. 1161(E), dated 1-10-2003.
4. Inserted by the Family Courts (Amendment) Act, 2022, with effect from a date yet to be notified.
(
(
e) a suit or proceeding for a declaration as to the legitimacy of any person;
(
f) a suit or proceeding for maintenance;
g) suit or proceeding in relation to the guardianship of the person or the custody of, or access to, any minor.
A Family Court shall also have and exercise—
(
a) the jurisdiction exercisable by a Magistrate of the First Class under Chapter IX (relating to order for maintenance of wife, children and parents) of the Code of Criminal Procedure, 1973 (2 of 1974) [now Chapter X of the Bharatiya Nagarik Suraksha Sanhita, 2023 with effect from 1-7-2024]; and
(
b) such other jurisdiction as may be conferred on it by any other enactment.
CHAPTER II
FAMILY COURTS
Establishment of Family Courts.
3. (1) For the purpose of exercising the jurisdiction and powers conferred on a Family Court by this Act, the State Government, after consultation with the High Court, and by notification,—
(
a) shall, as soon as may be after the commencement of this Act, established for every area in the State comprising city or town whose population exceeds one million, a Family Court;
(
b) may establish Family Courts for such other areas in the State as it may deem necessary.
(2) The State Government shall, after consultation with the High Court, specify, by notification, the local limits of the area to which the jurisdiction of a Family Court shall extend and may, at any time, increase, reduce or alter such limits.
COMMENTS
SECTION NOTES
3.1 Mandatory for State Govt. to establish a Family Court for every city/town whose population exceeds one million
For the purposes of exercising the jurisdiction and powers conferred on a Family Court by this Act [See Sections 7 and 8 of this Act], the State Government shall establish a Family Court.
3.2 Power of State Government to establish Family Courts for other areas in the State
The State Government may establish Family Courts for other areas of the State (areas other than cities/town with population exceeding one million) for exercising the jurisdiction and powers of a Family Court [See Sections 7 and 8]
3.3 Family Court to be established by notification in consultation with HC
The establishment of Family Courts shall be by notification in the Official Gazette after consultation with the High Court.
3.4 Power of State Govt. to increase/reduce/after area jurisdiction of Family Courts
The State Government shall, after consultation with the High Court, specify, by notification, the local limits of the area to which the jurisdiction of a Family Court shall extend and may, at any time, increase, reduce or alter such limits.
