CHAPTER I PRELIMINARY
1. Short title, extent and commencement.—(1) This Act may be called the family courts act, 1984.
(2) It extends to the whole of India except the State of Jammu and Kashmir.
(3) It shall come into force on such date as the Central Government may, by notification in the Official Gazette, appoint, and different dates1 may be appointed for different States.
2. Definitions.—In this Act, unless the context otherwise requires,—
(a) “Judge” means the Judge or, as the case may be, the Principal Judge,
Additional Principal Judge 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 of Civil Procedure, 1908 (5 of 1908) shall have the meanings respectively assigned to them in that Code.
CHAPTER II FAMILY COURTS
3. Establishment of Family Courts.—(1) For the purpose of exercising the jurisdiction and powers conferred 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, establish for every area in the State comprising a 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, the local 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.
COMMENTS
A harmonious interpretation of Ss. 3, 7, 8 and 20 clearly indicates that there is no bar against the parties from approaching other Courts outside the jurisdiction of the family Court. The exclusion of the jurisdiction of the Courts is confined to the area over which the
1. Andaman and Nicobar Islands (w.e.f. 19-11-1986), Assam (2-10-1991), Bihar (10-12-1991), Daman and Diu (w.e.f. 10-10-2003), Delhi (19-11-1986), Goa (w.e.f. 16-4-1990), Haryana (2-11-1992), Karnataka (w.e.f. 25-5-1987), Kerala (w.e.f. 21-10-1989), Madhya Pradesh (w.e.f. 19-11-1986), Maharashtra (w.e.f. 1-12-1986), Manipur (w.e.f. 3-2-1992), Orissa (w.e.f. 1-5-1989), Pondicherry (w.e.f. 1-5-1987), Rajasthan (w.e.f. 19-11-1985), Sikkim (w.e.f. 2-10-1987), Tamil Nadu (w.e.f. 2-10-1986), Uttar Pradesh (w.e.f. 2-10-1986) and West Bengal (w.e.f. 1-11-1991).
family Court exercises jurisdiction: P. Jayalakshmi v. V. Ravichandran A.I.R. 1992 Andh. Pra. 190: (1992) 2 Hindu L.R. 61:1992Cr.L.J. 1315.
4. Appointment of Judges.—(1) The State Government may, with the concurrence of the High Court, 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 or any other law for the time being in force;
(b) the State Government may, with the concurrence of the High Court, appoint any of the Judges to 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 for the distribution of the business of the Court among the various Judges thereof;
