TABLE OF INDEX

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INTRODUCTION

The Family Courts Act, 1984 was passed in order to establish Family Courts. It was the 66th
Act to be enacted in the year 1984. It was enacted on September 14, 1984, but as specified in
section 1 clause 3, the enforcement date varied by state.

The Family Courts Act, 1984 was 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.1

The act contains 6 chapters and 23 sections.

NEED FOR FAMILY COURTS ACT

Several women's organizations, other organizations, and individuals advocated for the
establishment of family courts for the resolution of family disputes, with an emphasis on
conciliation and achieving socially desirable outcomes, and the elimination of adherence to rigid
rules of procedure and evidence.

The Law Commission's 59th Report in 1974 emphasized that when dealing with family disputes,
the court should take a radically different approach than in ordinary civil proceedings, and that
reasonable efforts at settlement should be made prior to the start of the trial.

An amendment was made to the Code of Civil Procedure in 1976 to provide for a special
procedure to be adopted in suits relating to matters governing the family. The courts continued to
deal with disputes between family members in the same way as they treated in other civil
disputes and the amendment in the CPC was not adopted.

Therefore there was a need in the public interest for the establishment of family courts for speedy
settlement of family disputes.

The Bill received the President’s assent on 14th September 1984 and the Family Courts Act came
into existence.

PROVISIONS OF THE ACT

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Long Title: The Family Courts Act, 1984, No.66 Act of Parliament, 1984.

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Chapter II of the Act deals with Family Courts.

Sec. 3 provides for the establishment of Family courts.

It says that the State government after consulting with the High Court, shall establish Family
courts in areas where the population is more than1 million. It also provides that the state
government can establish family courts in areas other than with population of one million if it
deems fit. The state government also has the power to exceed or reduce the territorial jurisdiction
of such family courts.

Sec. 4 provides for the appointment of judges