Family Courts (Amendment) Bill, 2022

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Recently, the Lok Sabha passed a bill to grant statutory cover to already established family courts in Himachal Pradesh and Nagaland. 

The Family Courts (Amendment) Bill, 2022

• About: 
  • The Bill amends the Family Courts Act, 1984. 
  • The Act allows state governments to establish Family Courts. 
  • The central government is empowered to notify dates for the Act to come into force in different states.  
  • Its aim is to promote conciliation and secure speedy settlement of disputes related to marriage and family affairs.
• Issue of Family Courts in Himachal Pradesh and Nagaland:
  • 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 have 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.
• Amendment: 
  • The Family Courts (Amendment) Bill seeks to insert a provision in sub-section 3 of section 1 to provide for the establishment of Family Courts in Himachal Pradesh with effect from February 15, 2019, and in Nagaland with effect from September 12, 2008.
  • The Bill also seeks to insert a new section 3A to retrospectively validate all actions under the said Act taken by the governments of Himachal Pradesh and Nagaland and the Family Courts of those states.
  • All actions taken under the Act in both the states, including the appointment of judges, and orders and judgments passed by the Family Courts, will also be deemed to be valid from these dates retrospectively.

Source: TH