The Family Courts Act, 1984

(1) This Act may be called the Family Courts Act,1984. (2) It extends to the whole of India 1*** (3) It shall come into force on such date2as the Central Government may, by notification in theOfficial Gazette, appoint, and different dates may be appointed for different States.

In this Act, unless the context otherwise requires, (a) "Judge" means the Judge or, as the case may be, the Principal Judge, Additional PrincipalJudge 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 ofCivil Procedure, 1908 (5 of 1908) shall have the meanings respectively assigned to them in thatCode.

(1) For the purpose of exercising the jurisdiction and powersconferred 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 theState comprising of 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, thelocal 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.

(1) The State Government may, with the concurrence of the HighCourt, appoint one or more persons to be the Judge or Judges of a Family Court. (2) When a Family Court consists of more than one Judge, (a) each of the Judges may exercise all or any of the powers conferred on the Court by this Act orany other law for the time being in force; (b) the State Government may, with the concurrence of the High Court, appoint any of the Judgesto be the Principal Judge and any other Judge to be the Additional Principal Judge; (c) the Principal Judge may, from time to time, make such arrangements as he may deem fit forthe distribution of the business of the Court among the various Judges thereof; (d) the Additional Principal Judge may exercise the powers of the Principal Judge in the event ofany vacancy in the office of the Principal Judge or when the Principal Judge is unable to discharge hisfunctions owing to absence, illness or any other cause. (3) A person shall not be qualified for appointment as a Judge unless he (a) has for at least seven years held a judicial office in India or the office of a Member of aTribunal or any post under the Union or a State requiring special knowledge of law; or (b) has for at least seven years been an advocate of a High Court or of two or more such Courts insuccession; or (c) possesses such other qualifications as the Central Government may, with the concurrence ofthe Chief Justice of India, prescribe. (4) In selecting persons for appointment as Judges, (a) every endeavour shall be made to ensure that persons committed to the need to protect andpreserve the institution of marriage and to promote the welfare of children and qualified by reason oftheir experience and expertise to promote the settlement of disputes by conciliation and counsellingare selected; and (b) preference shall be given to women. (5) No person shall be appointed as, or hold the office of, a Judge of a Family Court after he hasattained the age of sixty-two years. (6) The salary or honorarium and other allowances payable to, and the other terms and conditions ofservice of, a Judge shall be such as the State Government may, in consultation with the High Court,prescribe.

The State Government may, in consultation with theHigh Court, provide, by rules, for the association, in such manner and for such purposes and subject tosuch conditions as may be specified in the rules, with a Family Court of (a) institutions or organisations engaged in social welfare or the representatives thereof; (b) persons professionally engaged in promoting the welfare of the family; (c) persons working in the field of social welfare; and (d) any other person whose association with a Family Court would enable it to exercise itsjurisdiction more effectively in accordance with the purposes of this Act.