Bill to give validity to family courts of Nagaland, Himachal | MorungExpress

Central Government notification to give effect to the provisions of the Family Courts Act 1984

New Delhi, July 10 (PTI): The lack of mandatory central government notification has called into question the jurisdiction of family courts set up to ensure prompt resolution of marriage-related disputes in two states.

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

The Family Courts (Amendment) Bill 2022 is due to be introduced in the Monsoon Session of Parliament, from July 18.
The establishment of family courts and their operation are within the jurisdiction of state governments in consultation with the respective high courts.

The Family Courts Act 1984 provides for the establishment of Family Courts by State Governments in consultation with the High Courts to promote conciliation and ensure prompt resolution of disputes relating to marriage and family matters .

Central government notification is required to give effect to the provisions of the 1984 Act in a state where such courts are established. But no such notification was issued in the case of Himachal Pradesh, which operates three such courts.
Nagaland operates two such courts.

The validity of the Himachal Pradesh family courts was challenged in the state High Court last year, citing the lack of notification from the central government.

Since there is no provision in the Family Courts Act to issue a notification from the central government with retroactive effect, the Amendment Bill was planned by the Union Law Department.

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

The Amendment Bill was reportedly approved by the Union Cabinet at its July 6 meeting. More than 710 family courts operate in 26 states.