General Notion Of The Family Courts (Amendment) Bill, 2022

title of family courts amendment article in India

Table of Contents

Purpose of Family Courts Act

Family Courts Act 1984 came with an ambition of constructing and establishing a fast-track justice system for the resolution of matrimonial disputes. It applies to the conciliation of family and marriage issues. Conciliation refers to a speedy resolution and fast-track judgment.

Various Family courts were established after the enforcement of this act. This act provided jurisdiction to courts to try and entrust verdicts upon disputes arising out of wedlock.

The act came into force on the 14th of September 1984. And, approx 715 family courts were established in 26 states and union territories including 3 family courts in the state of Himachal Pradesh and two family courts in the state of Nagaland as of April 2022.

Jurisdiction of Family Courts

Section 7 (1) of the Family Court Act 1984 entrusts the jurisdiction of the district court or any subordinate civil court to a family court in the following matters:

(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 the circumstances arising out of a marital relationship;

(e) a suit or proceeding for a declaration as to the legitimacy of any person;

(f) a suit or proceeding for maintenance;

(g) a suit or proceeding in relation to the guardianship of the person or the custody of, or access to, any minor

Introduction of Amendment Bill, 2022

The Family Courts (Amendment) Bill, 2022 was introduced in Lok Sabha on July 18 2022 by Minister of Law and Justice Mr Kiren Rijiju. Later on, the aforementioned bill was passed in the lower house of the parliament on the 26th day of July 2022. And, as per the procedure of amendment mentioned in the Constitution of India, it was passed on the 04th of August 2022 by the upper house of the parliament which is the Rajya Sabha.

Reason and Aftermath

In the case of Omkar Sharma Versus the State of Himachal Pradesh and another, the petitioner contended upon a lack of jurisdiction of Family Courts in the State of Himachal Pradesh according to the Family Courts Act 1984 in Criminal Revision Petition No. 180 of 2021. ((CWP No. 2571/2021))

The petitioner contended that, as the Union Government has not issued any notification to extend the competence of Family Courts in the State of Himachal Pradesh, such Courts are incompetent and anything done or any action taken under the said Act appears to be void ab initio and the notification issued by the State of Himachal Pradesh establishing the Family Courts is ultra vires, as the said Act was not in force in the State of Himachal Pradesh.

Now, the court is hearing upon its competence and the matter is pending after making the Union of India a party.

Highlights of the Bill

The aforementioned bill has proposed to alter various provisions of the law some of which are mentioned below:

  1. The Bill seeks to extend the application of the Act to the state of Himachal Pradesh, with effect from February 15, 2019.
  2. The Bill seeks to extend the application of the Act to the state of Nagaland, with effect from September 12, 2008.
  3. The establishment of courts through the amended act will have a retrospective impact on disputes.
  4. The retrospective effect will be counted from the aforementioned dates which are February 15, 2019, and September 12, 2008.
  5. The retrospective effect will include acts such as:
    • Appointment of judges
    • Passing of orders
    • Judgments passed by the established Family Courts
    • Competence will be questionable only upon matters outside the jurisdiction of section 7(1) of the existing act which is the Family Courts Act, 1984.
    • The act shall come into force in different states and on different states, the same will be notified in the Official Gazette of India.

by Khushi Shukla

Disclaimer: The opinions expressed within this article are the personal opinions of the author. The facts and opinions appearing in the article do not reflect the views of Adjuva Legal and Adjuva Legal does not assume any responsibility or liability for the same.

Share This Post

Top Rated Service 2026
Google star 1Google star 2Google star 3Google star 4Google star 54.9
4.9Google star 1Google star 2Google star 3Google star 4Google star 5
verified by Trustindex
Trustindex verifies that the company has a review score above 4.5, based on reviews collected on Google over the past 12 months, qualifying it to receive the Top Rated Certificate.
Posted on Google Google
Neha Agrawal
10 June 2021
Google star 1Google star 2Google star 3Google star 4Google star 5Trustindex verifies that the original source of the review is Google.
This is clearly the most suitable place to go if one needs any legal help. If needed, will take their service again. Thanks, Adjuva team.😊👍
Posted on Google Google
Samreen Khan
20 September 2022
Google star 1Google star 2Google star 3Google star 4Google star 5Trustindex verifies that the original source of the review is Google.
Thanks a lot Mr. Utkarsh 🙏 I was having one very critical concern related to my family member. I was looking for a legal consultant to guide me on that matter. I check so many options online and everyone is having a big process of registration and online payment. Same time I found Adjuva Legal online and I contacted them via Wtsup no. Mr Utkarsh who believe in Client Relations did not ask me to do any registration online or to pay the money before a call. He listened to my full matter and provided me the satisfactory solution for the same even without any charge. Thanks a lot for your advice, it means a lot for me.😊
Posted on Google Google
Aftab Khan
12 January 2022
Google star 1Google star 2Google star 3Google star 4Google star 5Trustindex verifies that the original source of the review is Google.
Hello Randomy I want to inquire something personal going in my life so i got in touch with Mr.Utkarsh Srivastava to help me out he was so fast in his response and very professional his guidance help me a lot thank you very much
Posted on Google Google
Saiprasanna Maroju
12 February 2023
Google star 1Google star 2Google star 3Google star 4Google star 5Trustindex verifies that the original source of the review is Google.
Very helpful advice in perfect manner."Immediate response" received.
Posted on Google Google
Melvina Baretto
2 February 2023
Google star 1Google star 2Google star 3Google star 4Google star 5Trustindex verifies that the original source of the review is Google.
Happy with the guidance received. Thank so much Utkarsh sir
Posted on Google Google
Oliver Clarity
7 February 2018
Google star 1Google star 2Google star 3Google star 4Google star 5Trustindex verifies that the original source of the review is Google.
Have Employed Adjuva 2 times now and I am very happy with their work. They provide high quality Legal work at a reasonable price. Would reccomend!
Posted on Google Google
Gaurav Tripathi.
2 February 2023
Google star 1Google star 2Google star 3Google star 4Google star 5Trustindex verifies that the original source of the review is Google.
I would like to thank adjuva legal for the quality of service and the promptness in which the whole marriage registration process got completed. I would like to thank utkarsh sir and his team for the effort they put in to get the process completed in one day.
Posted on Google Google
Garima Saxena
31 December 2023
Google star 1Google star 2Google star 3Google star 4Google star 5Trustindex verifies that the original source of the review is Google.
They are so prompt and transparent with money and making the complex legal process easy.
Posted on Google Google
Shailendra Rana
2 April 2024
Google star 1Google star 2Google star 3Google star 4Google star 5Trustindex verifies that the original source of the review is Google.
Very supportive
Posted on Google Google
Jini Susan
8 July 2021
Google star 1Google star 2Google star 3Google star 4Google star 5Trustindex verifies that the original source of the review is Google.
I had a good experience.... Thank you Utkarsh sir for the valuable time and for the all the information which have given. I m so happy with the consultation. Thank you once more.

Recent Articles👇🏻

This field is for validation purposes and should be left unchanged.
Email(Required)

Book a Time to talk 😍

To get Instant support - call us or send a message

Get Your First Consultation FREE via whatsApp!