Bill to amend Family Courts Act introduced in Lok Sabha by Kiren Rijiju

A bill was introduced in the Lok Sabha on Monday which seeks to amend Family Courts Act to provide for establishing family courts in Himachal Pradesh from February 15, 2019, and in Nagaland from September 12, 2008.

The bill was introduced by Union Law Minister Kiren Rijiju.

This bill is likely to be passed the first week of the monsoon session. The Business Advisory Committee has allotted four to discuss the bill, it is learnt.

The Family Courts (Amendment) Bill, 2022 has been brought with the objective of overcoming the issue of lack of jurisdiction of Family Courts in the States of Himachal Pradesh and Nagaland.

The Family Courts Act 1984 was enacted for establishing family courts with a view to promote conciliation and secure speedy settlement of disputes relating to marriage and family affairs.

The Act came into force on September 14, 1984 and as of April 2022, there were 715 family courts established and functioning in 26 states and union territories, including three such courts in Himachal Pradesh and Nagaland.

Himachal Pradesh established three family courts at Shimla, Dharamshala and Mandi vide notification dated February 15, 2019, and the Government of Nagaland has established two Family Courts at Dimapur and Kohima vide notification dated September 12, 2008.

The same are yet to be brought into force by the Central Government vide notification in the Official Gazette as prescribed under Section 1(3) of the Family Courts Act, 1984.

The Amendment Act seeks to amend the Act of 1984 by inserting a proviso in Section 1(3) to provide for the establishment of Family Courts in Himachal Pradesh and Nagaland.

It also seeks to insert a new section 3A to retrospectively validate all actions under the said Act taken by the two states and the Family Courts of those states prior to the commencement of the Family Courts (Amendment) Act, 2022.

The monsoon session of Parliament commenced on Monday.