Bill to give validity to family courts in Himachal Pradesh and Nagaland

NEW DELHI: The absence of a mandatory central government notification has put a question mark on the jurisdiction of the family courts set up to secure a speedy settlement of marriage-related disputes in two states.

To overcome the legal difficulty, the government is bringing a bill to help validate the appointment of judicial officers and court staff in the family courts of Himachal Pradesh and Nagaland with retrospective effect, official sources said.

The Family Courts (Amendment) Bill, 2022 is likely to be brought in the Monsoon Session of Parliament, starting July 18.

Setting up family courts and their functioning fall within the domain of the state governments in consultation with the respective high courts.

The Family Courts Act, 1984 provides for the establishment of family courts by the state governments in consultation with the high courts to promote conciliation and secure a speedy settlement of disputes relating to marriage and family affairs.

A central government notification is must to give effect to the provisions of the 1984 law in a state where such courts are set up.

But such a notification was not issued in the case of Himachal Pradesh --operating three such courts.

Nagaland is operating two such courts.

The validity of the family courts in Himachal Pradesh was challenged in the state high court last year, citing the absence of the central government notification.

Since there is no provision in the Family Courts Act to issue a central government notification with retrospective effect, the amendment bill was planned by the Union law ministry.

While the family courts in Nagaland will be validated with effect from September 2008, in Himachal Pradesh, the courts will be validated from February 2019.

The amendment bill is learnt to have been cleared by the Union Cabinet at its meeting held on July 6.

Over 710 family courts are functioning in 26 states.