Family Courts Act, 1984
(1) The Central Government may, with the
concurrence of the Chief Justice of India, by notification, make rules prescribing the other qualifications
for appointment of a Judge referred to in clause (c) of sub-section (3) of section 4. Section 22 of the Family Courts Act, 1984, provides the authority for the Central Government to formulate rules to facilitate the functioning of Family Courts, ensuring their effective and uniform operation across jurisdictions. The provision emphasizes the importance of procedural clarity and the establishment of a specialized legal framework for family disputes. Section 22 states that:- The Central Government, with the concurrence of the Chief Justice of India, may make rules for carrying out the purposes of the Act.- These rules may include procedural aspects, evidence admissibility, and other operational details necessary for the effective functioning of Family Courts.- Such rules are to be laid before Parliament as soon as they are made.
(2) Every rule made under this Act by the Central Government shall be laid, as soon as may be after it
is made, before each House of Parliament, while it is in session, for a total period of thirty days which
may be comprised in one session or in two or more successive sessions, and if, before the expiry of the
session immediately following the session or the successive sessions aforesaid, both Houses agree in
making any modification in the rule or both Houses agree that the rule should not be made, the rule shall
thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that
any such modification orLegal Commentary on Section 22 of the Family Courts Act, 1984
Introduction
What does Section 22 Say?
Essential Ingredients
Scope of Section 22
Punishment for Section
Legal Comments (Summary with References)
(1) This Act may be called the Family Courts Act,
1984.
(2) It extends to the whole of India 1***
(3) It shall come into force on such date2
as the Central Government may, by notification in the
Official Gazette, appoint, and different dates may be appointed for different States.
(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, established for every area in the
State comprising of 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 l
(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
The State Government may, in consultation with the
High Court, provide, by rules, for the association, in such manner and for such purposes and subject to
such conditions as may be specified in the rules, with a Family Court of—
(a) institutions or organisations engaged in social welfare or the representatives thereof;
(b) persons professionally engaged in promoting the welfare of the family;
(c) persons working in the field of social welfare; and
(d) any other person whose association with a Family Court would enable it to exercise its
jurisdiction more effe
(1) The State Government shall,
in consultation with the High Court, determine the number and categories of counsellors, officers and
other employees required to assist a Family Court in the discharge of its functions and provide the Family
Court with such counsellors, officers and other employees as it may think fit.
(2) The terms and conditions of association of the counsellors and the terms and conditions of service
of the officers and other employees, referred to in sub-section (1), shall be such as may be specified
by rules made by the State Government.
(1) Subject to the other provisions of this Act, a Family Court shall—
(a) have and exercise all the jurisdiction exercisable by any district court or any subordinate civil
court under any law for the time being in force in respect of suits and proceedings of the nature
referred to in the Explanation; and
(b) be deemed, for the purposes of exercising such jurisdiction under such law, to be a district
court or, as the case may be, such subordinate civil court for the area to which the jurisdiction of the
Family Court extends.
Explanation.—The suits and proceedings referred to in this sub-section are suits and proceedings of
the following nature, namely:—
Where a Family Court has been
established for any area,—
(a) no district court or any subordinate civil court referred to in sub-section (1) of section 7 shall,
in relation to such area, have or exercise any jurisdiction in respect of any suit or proceeding of the
nature referred to in the Explanation to that sub-section;
(b) no magistrate shall, in relation to such area, have or exercise any jurisdiction or powers under
Chapter IX of the Code of Criminal Procedure, 1973 (2 of 1974);
(c) every suit or proceeding of the nature referred to in the Explanation to sub-section (1) of
section 7 and every proceeding under Chapter IX of
(1) In every suit or proceeding,
endeavour shall be made by the Family Court in the first instance, where it is possible to do so consistent
with the nature and circumstances of the case, to assist and persuade the parties in arriving at a settlement
in respect of the subject-matter of the suit or proceeding and for this purpose a Family Court may, subject
to any rules made by the High Court, follow such procedure as it may deem fit.
(2) If, in any suit or proceeding, at any stage, it appears to the Family Court that there is a reasonable
possibility of a settlement between the parties, the Family Court may adjourn the proceedings for such
period as it thinks fit to enable attempts to be made to effect such a settlement.
(3) The power conferred by sub-section (2) shall be in addition to, and not in derogation of, any other
(1) Subject to the other provisions of this Act and the rules, the
provisions of the Code of Civil Procedure, 1908 (5 of 1908) and of any other law for the time being in
force shall apply to the suits and proceedings [other than the proceedings under Chapter IX of the Code of
Criminal Procedure, 1973 (2 of 1974)] before a Family Court and for the purposes of the said provisions
of the Code, a Family Court shall be deemed to be a civil court and shall have all the powers of such
court.
(2) Subject to the other provisions of this Act and the rules, the provisions of the Code of Criminal
Procedure, 1973 (2 of 1974) or the rules made thereunder, shall apply to the proceedings under Chapter
IX of that Code before a Family Court.
(3) Nothing in sub-section (1) or sub-section (2) shall prevent a Family Court from laying do
In every suit or proceedings to which this Act applies, the
proceedings may be held in camera if the Family Court so desires and shall be so held if either party so
desires.
In every suit or proceedings, it shall be open to a
Family Court to secure the services of a medical expert or such person (preferably a woman where
available), whether related to the parties or not, including a person professionally engaged in promoting
the welfare of the family as the Court may think fit, for the purposes of assisting the Family Court in
discharging the functions imposed by this Act.
Notwithstanding anything contained in any law, no party to a
suit or proceeding before a Family Court shall be entitled, as of right, to be represented by a legal
practitioner:
Provided that if the Family Court considers it necessary in the interest of justice, it may seek the
assistance of a legal expert as amicus curiae.
A Family Court may receive as evidence any
report, statement, documents, information or matter that may, in its opinion, assist it to deal effectually
with a dispute, whether or not the same would be otherwise relevant or admissible under the Indian
Evidence Act, 1872 (1 of 1872).
In suits or proceedings before a Family Court, it shall not be
necessary to record the evidence of witnesses at length, but the Judge, as the examination of each witness
proceeds, shall, record or cause to be recorded, a memorandum of the substance of what the witness
deposes, and such memorandum shall be signed by the witness and the Judge and shall form part of the
record.
(1) The evidence of any person where such
evidence is of a formal character, may be given by affidavit and may, subject to all just exceptions, be
read in evidence in any suit or proceeding before a Family Court.
(2) The Family Court may, if it thinks fit, and shall, on the application of any of the parties to the suit
or proceeding summon and examine any such person as to the facts contained in his affidavit.
Judgment of a Family Court shall contain a concise statement of the case, the point
for determination, the decision thereon and the reasons for such decision.
(1) A decree or an order [other than an order under Chapter
IX of the Code of Criminal Procedure, 1973 (2 of 1974)], passed by a Family Court shall have the same
force and effect as a decree or order of a civil court and shall be executed in the same manner as is
prescribed by the Code of Civil Procedure, 1908 (5 of 1908) for the execution of decrees and orders.
(2) An order passed by a Family Court under Chapter IX of the Code of Criminal Procedure, 1973 (2
of 1974) shall be executed in the manner prescribed for the execution of such order by that Code.
(3) A decree or order may be executed either by the Family Court which passed it or by the other
Family Court or ordinary civil court to which it is sent for execution.
The provisions of this Act shall have effect notwithstanding
anything inconsistent therewith contained in any other law for the time being in force or in any instrument
having effect by virtue of any law other than this Act.
(1) The High Court may, by notification in the Official
Gazette, make such rules as it may deem necessary for carrying out the purposes of this Act.
(2) In particular, and without prejudice to the generality of the foregoing power, such rules may
provide for all or any of the following matters, namely:—
(a) normal working hours of Family Courts and holding of sittings of Family Courts on holidays
and outside normal working hours;
(b) holding of sittings of Family Courts at places other than their ordinary places of sitting;
(c) efforts which may be made by, and the procedure which may be followed
(1) The State Government may, after
consultation with the High Court, by notification, make rules for carrying out the purposes of this Act. Legal Comments "Scope" - Section 19 governs appeals and revisions from judgments or orders of a Family Court, excluding interlocutory orders in many contexts; it provides for appeals to the High Court and also outlines when revisions may lie, especially under related CPC provisions; [P. T. Lakshman Kumar VS Bhavani]. "Appealability—general rule" - An appeal lies against a final judgment or order of a Family Court, but interlocutory orders are generally not appealable under Section 19 unless specifically treated as intermediary or otherwise; this distinction has been treated differently in various decisions; [P. T. Lakshman Kumar VS Bhavani]. "Intermediary vs interlocutory" - Intermediary orders, such as certain maintenance or custodial determinations, may be treated as non-interlocutory in some cases and thus appealable, while true interlocutory orders are typically not; see discussions on pendente lite maintenance and related rulings; [J. P. Manjunath VS H. R. Susheela], [Esha Sharma VS Sameer Sharma], [Aakansha Shrivastara VS Virendra Shrivastava]. "Limitation" - The default limitation for Section 19 appeals is 30 days, though some judgments permit longer periods (e.g., 90 days) when invoking related provisions under the Hindu Marriage Act (Section 28) or other statutes; courts reconcile conflicts with larger-period provisions when applicable; [Banwari Sahu @ Banwari Sao VS Maya Devi], [MOHAMMAD YASEEN VS MEHRAJUNNISHA], [Viswanathan VS Sindhu], [ASHUTOSH KUMAR VS ANJALI SRIVASTAVA]. "Condonation and delay" - Where delay is involved, courts may condone under the Limitation Act if satisfactory explanation is provided; however, condonation is not automatic and depends on the facts presented; [Vikram Singh Rathore VS Ambika Kanwar Shekhawat], [Ashok Jat VS Suman]. "Remand and retrial" - Appeals may be remanded for retrial or to rectify issues such as framing of issues, ensuring proper representation before the Family Court, or to reconsider terms in light of mutual consent or substantiated grounds; [Chandrawati VS Prakash Chandra]. "Mutual consent divorces" - Section 19 appeals frequently interact with mutual consent divorces under Section 13B; courts may transfer, modify, or set aside certain decrees and remand for fresh terms when appropriate; [Anshuman Chowdhary VS Mamta], [ANJU, W/O SATISH AHUJA, D/O GOPALDAS KODWANI VS SATISH SHRICHAND AHUJA], [Komal Rahul Dewan VS Rahul Roshan Dewan]. "Maintenance orders" - Interim maintenance under Section 24 (HMA) or maintenance under CPC-125 via Family Court can be subject to review under Section 19(4); such orders may be revised where they are not purely interlocutory; [P. T. Lakshman Kumar VS Bhavani], [Esha Sharma VS Sameer Sharma], [LAKSHMI SHARAN VS ANURAG SHARAN], [Dilip Kumar @ Dr. Dilip Kumar Sharma @ Dilip Sharma VS State of Bihar]. "125 CrPC revision vs appeal" - In many cases, final maintenance orders under Section 125 CrPC by a Family Court may be revisable under Section 19(4) as criminal revisions rather than as civil appeals; the distinction hinges on the nature of the order (intermediate vs final) and the powers exercised by the Court; [K. J. J. Paul Prabhudas VS S. Priscilla Priya Kumari], [Dilip Kumar @ Dr. Dilip Kumar Sharma @ Dilip Sharma VS State of Bihar], [00500017039], [Nawal Patel VS Ramawati Devi]. "Limitation—28 vs 19(3)/19(4)" - When an appeal lies under Section 28 of the Hindu Marriage Act, limitation runs for 90 days, which can supersede 30 days under Section 19(3) or 19(4) timelines; the applicable period is determined by the specific right of appeal and the source statute; [SUMAN VS BRAJ KISHORE], [Viswanathan VS Sindhu], [Sonia Kunwar Singh Bedi VS Kunwar Singh Bedi]. "Pendente lite maintenance" - Appeals against pendente lite maintenance orders under Section 24/19(1) have been treated as tenable in some precedents, with remand or remaking directions to ensure proper evaluation of socio-economic factors; [Esha Sharma VS Sameer Sharma], [J. P. Manjunath VS H. R. Susheela]. "Protection of rights and jurisdictional limits" - Several judgments stress that Family Court orders must align with the non-obstante clause and the jurisdictional limits of the Act, particularly that Section 58 of the 1955 Act is not applicable to Family Court decrees or orders; [P. T. Lakshman Kumar VS Bhavani]. "Evidence and proceedings" - The Family Court’s use of evidence and applicable law (e.g., Evidence Act applicability to Section 24 matters in HMA) can influence outcomes and the nature of the order; [P. T. Lakshman Kumar VS Bhavani]. "Interim vs final" - Statements distinguishing final judgments from interlocutory or intermediate orders are recurrent, with guidance that certain maintenance or custody determinations may take final character in effect and thus be eligible for appeal; [Esha Sharma VS Sameer Sharma], [Aakansha Shrivastara VS Virendra Shrivastava]. "Appealability of set-aside ex parte decrees" - Appeals against orders setting aside ex parte decrees can be tenable under Section 19 if the order is not purely interlocutory; [Gyanasis Jena VS Rekha Swain], [Mala Kumari VS Vijay Kumar @ Vijay Shankar Rai]. "Appeal against permanent alimony orders" - Appeals against permanent alimony decisions under Section 25 read with Section 19 may be partially allowed or remanded for fresh consideration; [Komal Rahul Dewan VS Rahul Roshan Dewan]. "Savings of other laws" - Section 19(1) starts with a non-obstante clause, creating a special framework that excludes some application of other laws (e.g., Section 58 of Hindu Marriage Act in certain contexts); [P. T. Lakshman Kumar VS Bhavani]. "Applicability of CPC procedure" - The CPC’s Order 9 Rule 13 and related provisions can apply to Family Court practice where not inconsistent with the Family Courts Act; this aids procedural efficiency in setting aside, amendment, or ex parte proceedings; [EKNATH VS ROOPA], [Neha Revadiya W/o Avdesh Diwaker VS Avdesh Kumar S/o Babulal Berwa]. "Guardian and wards context" - Appeals involving guardianship or custody can follow specific limitation rules under the Guardian and Wards Act in interplay with Family Court proceedings; [Balakrishnan Nair VS Chandran], [X VS Z]. "Fraud or misrepresentation" - Where fraud or misrepresentation is alleged in dissolution or settlement, appellate courts may limit examination to the original proceedings and deny re-litigation on those questions; [Manisha Anand VS Nilesh Anand]. "Transfer and withdrawal of appeals" - Appellants may seek transfer of appeals between courts (e.g., from Family Court to District Court) under Section 24/19 framework to expedite resolution; [S. Senthilkumar VS Suseela]. "Final takeaway" - Section 19 of the Family Courts Act, 1984 provides a structured, but nuanced, framework for appeals and revisions from Family Court judgments and orders, balancing speedy access to appellate review with safeguards against frivolous litigation, and requiring careful attention to the nature of the order, the applicable limitation regime, and the interrelation with related statutes such as the Hindu Marriage Act and CPC; [P. T. Lakshman Kumar VS Bhavani], [Banwari Sahu @ Banwari Sao VS Maya Devi].
(2) In particular and without prejudice to the generality of the provisions of sub-section (1) such rules
may provide for all or any of the following matters, namely:--
(a) the salary or honorarium and other allowances payable to, and the other terms and conditions
of Judges under sub-section (6) of section 4;
(b) the terms and conditions of association of counsellors and the terms and conditions of service
of the officers and other employees referred to in section 6;
1(1) Save as provided in sub-section (2) and notwithstanding anything contained in the
Code of Civil Procedure,1908 (5 of 1908) or in the Code of Criminal Procedure, 1973 (2 of 1974) or in
any other law, an appeal shall lie from every judgment or order, not being an interlocutory order, of a
Family Court to the High Court both on facts and on law.
(2) No appeal shall lie from a decree or order passed by the Family Court with the consent of the
parties2
[or from an order passed under Chapter IX of the Code of Criminal Procedure, 1973 (2 of 1974):
Provided that nothing in this sub-section shall apply to any appeal pending before a High Court or
any order passed under Chapter IX of the Code of Criminal Procedure, 1973 (2 of 1974) before the
commencement of the Family Courts (Amendment) Ac
In this Act, unless the context otherwise requires,— Legal Comments "Introduction" - The Family Courts Act, 1984 establishes specialized Family Courts to promote conciliation and expedite resolution of matrimonial and family disputes, with Section 2 detailing definitions and Section 7 prescribing the jurisdiction of Family Courts to exercise powers akin to district courts and Magistrates under relevant statutes; this framework interacts with numerous other statutes (CrPC, HP Act, DV Act, etc.) to govern maintenance, dissolution, and related relief. [Sources: : The Family Courts Act, 1984 - India Code; ["Amina Bharatram VS Sumant Bharatram"]: FAMILY COURTS ACT, 1984 - SECTIONS 7 & 8 - INTERPRETATION - JURISDICTION OF HIGH COURT - ORIGINAL CIVIL JURISDICTION - OUSTER] "What Section Says" - Section 7(1)/7(2) authorizes the Family Court to exercise jurisdiction of a District Court and, for certain criminal proceedings under Chapter IX CrPC, to exercise the powers of a First Class Magistrate; Section 8 excludes and transfers pending proceedings to the Family Court; these provisions allow the Family Court to handle maintenance, dissolution, and related orders under Chapter IX CrPC, and to act under other enactments as conferred. [SOURCES: ["Shaikh Taslim Shaikh Hakim VS State Of Maharashtra"]: Civil Procedure Code, 1908 - ...; ["Satyabhama VS Ramachandran"]: Family Courts Act, 1984 - Section 7(1), 7(2)(a) & 19(4)] "Essential ingredients" - Core ingredients include: (a) existence of a Family Court for a defined area, (b) exercise of jurisdiction as a district court and as a magistrate under CrPC Chapter IX, (c) applicability of CrPC provisions to maintenance petitions, (d) transfer of cases from other courts to Family Court on establishment, and (e) override by the Act over inconsistent laws. [SOURCES: ["Amina Bharatram VS Sumant Bharatram"]: Interpretation - District Court includes High Court for original jurisdiction; ["Pushpa Devi VS Tinku Kumar"]: Appeal Maintainability - Section 19(2) bar; ["01200000000"]: general FCA structure (implied by multiple citations)] "Scope of Section" - Section 7(1)/(2) broadly covers suits and proceedings between parties to a marriage (maintenance, nullity, dissolution, custody, etc.) and grants the Family Court powers equivalent to district/civil court, plus jurisdiction over Chapter IX CrPC matters; Section 8 excludes other courts from similar jurisdiction in the area; transfers under Section 7(2)(a) and 8 ensure matters are dealt with within the Family Court framework. [SOURCES: ["Satyabhama VS Ramachandran"]: Family Courts Act, 1984 - Section 7(1), 7(2)(a) & 19(4); ["Amina Bharatram VS Sumant Bharatram"]: Interpretation - District Court includes High Court; ["Tabindar Kaur @ Dr. Tabindra Kaur Chawla vs Harindar Singh"]: Conciliation guidance under Section 23(2) of HMA with FCA interplay] "Punishment for Section" - The Family Courts Act itself does not prescribe penal punishment for non-compliance; violations typically attract procedural consequences (revisions, contempt, or systemic remand) under CrPC provisions and appellate revisions; some judgments treat non-compliance as grounds for remand or dismissal of petitions, but specific “punishment” under Section 7 is not stated. [SOURCES: : FCA text references; ["Md. Manjoor Alam @ Md. Manzoor Alam S/o Md. Sultan Ansari @ Md. Sultan Kawal VS Hasena Khatoon D/o Late Sher Mohammad"]: Maintenance - appeal/revision framework; ["Satyabhama VS Ramachandran"]: FCA as criminal court for maintenance matters, not a civil one, implying procedural consequences rather than punitive penalties] "Legal Comment" - "Judicial interpretation of ouster" - The Delhi High Court held that High Courts have limited original jurisdiction under FCA Sections 7/8 for matters enumerated, while excluding the High Court’s ordinary jurisdiction for those enumerated categories; this clarifies the boundary between High Court original jurisdiction and FCA jurisdiction. [Source: ["Amina Bharatram VS Sumant Bharatram"]: Interpretation - ouster and district court definition; ["Capt Dinesh Ahluwalia VS Roopa Ahluwalia"]: Special Marriage Act service and jurisdiction (illustrative FCA applicability)] "Legal Comment" - "Interplay with CrPC Section 125" - Family Court exercises CrPC Chapter IX jurisdiction for maintenance (Section 125) and, under FCA, acts as a criminal court for those proceedings; appeals from such orders are barred under Section 19(2) of the FCA, with revision available via Section 19(4) to High Court. [SOURCES: ["Sankar VS Mrs. Seethalaxmi"]: CrPC-125/Section 7(2)(P); ["Md. Manjoor Alam @ Md. Manzoor Alam S/o Md. Sultan Ansari @ Md. Sultan Kawal VS Hasena Khatoon D/o Late Sher Mohammad"]: Maintenance - final order amenable to Criminal Revision; ["AJAY KAPOOR VS PRAMILA KAPOOR"]: Consent decrees and Section 19(2) bar] "Legal Comment" - "Transfer of proceedings" - Under FCA Section 8, upon establishment of a Family Court, proceedings of the types enumerated (including maintenance under CrPC) are transferred from previously competent courts; this is reinforced by cases denying unnecessary transfer or permitting transfer under High Court powers (Section 407 CrPC) in appropriate scenarios. [SOURCES: ["DURGA PRASAD VS FAMILY JUDGE"]: Transfer of Proceedings; ["Anish Antony Thimothy VS Neetha"]: DV Act transfer discussion; ["01200000000"]: FCA transfer principles] "Legal Comment" - "Division of jurisdiction with DV Act" - For DV Act matters, Family Court jurisdiction under FCA Section 7(2)(a) is limited and magistrates under DV Act remain criminal courts; transfers between DV proceedings and Family Court are generally not permissible, keeping DV and Family Court proceedings distinct. [SOURCES: ["01500023540"]: DV Act transfer limitations; ["Anish Antony Thimothy VS Neetha"]: DV Act jurisdictional considerations; ["Anish Antony VS Neetha"]: DV Act proceedings cannot be transferred to Family Court] "Legal Comment" - "Mutual consent/divorce by mubaraat" - Family Court has jurisdiction to declare marital status under Section 7, including mubaraat dissolution under Muslim Personal Law, without requiring a written agreement; the absence of a formal written agreement does not defeat mubaraat dissolution where law permits. [SOURCES: ["Asif Daudbhai Karva vs None"]: Mubaraat maintainability; ["Asif Daudbhai Karva vs None"]: mubaraat principle; ["Anshuman Chowdhary VS Mamta"]: Mutual consent divorce decree] "Legal Comment" - "Consent decrees and appeals" - Section 19(2) bars appeals from decrees passed with consent of parties, reinforcing conciliatory approaches; however, where fraud, collusion, coercion, or misrepresentation taints a compromise, appellate relief may be available under other CPC provisions (e.g., Section 96(3) read with 43 Rule 1-A). [SOURCES: ["AJAY KAPOOR VS PRAMILA KAPOOR"]: Consent decree and bar to appeal; ["Pushpa Devi VS Tinku Kumar"]: Ban on appeal subject to fraud/collusion exceptions; ["Tabindar Kaur @ Dr. Tabindra Kaur Chawla vs Harindar Singh"]: Reconciliation and cooperation in consent-based dispositions] "Legal Comment" - "Dispensing with the waiting period (Section 13B(2))" - Supreme Court guidance allows waiving the statutory six-month waiting period in mutual consent divorces when parties have genuinely settled differences and reconciliation is not feasible; this enhances speed and finality in family disputes. [SOURCES: ["Tarun Choudhary, S/o. Shri Arun Kumar Choudhary VS None"]: Section 13B(2) dispensing with cooling-off period; ["Tarun Choudhary, S/o. Shri Arun Kumar Choudhary VS None"]: Supreme Court precedent on mutual consent waivers] "Legal Comment" - "Ambit of Section 7(2)(b)" - Section 7(2)(b) provides Family Court jurisdiction extended by other enactments; this supports entertaining DV Act relatives as respondents and applying DV reliefs in Family Court where appropriate, subject to statutory definitions (e.g., Section 2(q) of DV Act). [SOURCES: ["Ambreen Akhoon VS Aditya Aurn Paudwal"]: Section 7(2)(b) jurisdiction; ["00500023540"]: DV Act transfer limitations; ["Shaikh Taslim Shaikh Hakim VS State Of Maharashtra"]: DV Act respondents in Family Court] "Legal Comment" - "Judicial direction on reconciliation duties" - Several decisions emphasize that Family Court must endeavor for reconciliation under Section 9 HMA and Section 23(2) HMA before granting relief; non-cooperation can justify denying further conciliatory steps and moving toward adjudication. [SOURCES: ["Tabindar Kaur @ Dr. Tabindra Kaur Chawla vs Harindar Singh"]: Conciliation obligation under Section 23(2) HMA; ["Tabindar Kaur @ Dr. Tabindra VS Harindar Singh"]: Reconciliation duty; ["Abhishek Ranjan VS Anjali Verma"]: Non-appearance and reconciling duties] "Legal Comment" - "Remand and fresh inquiry" - Inadequate reasoning on interim maintenance, lack of proper inquiry, or failure to consider special circumstances (e.g., mental illness) can lead to remand to the Family Court for a proper inquiry under applicable CrPC/FTC provisions. [SOURCES: ["Amrendra Kumar VS State of Bihar"]: Remand for fresh maintenance inquiry; ["Santosh Jha, Son of Late Kameshwar Jha VS State of Bihar"]: Mental illness consideration in maintenance; ["Kusum Sharma VS Mahinder Kumar Sharma"]: Guidelines for maintenance affidavits and prompt disposal] "Legal Comment" - "High Court revisional power" - The High Court can exercise revisional jurisdiction over maintenance orders under Section 19(4) FCA read with Section 397 CrPC, ensuring legality and propriety when there is an error in the maintenance orders issued by the Family Court. [SOURCES: ["Abhishek Ranjan VS Anjali Verma"]: Revision under FCA; ["Sunanda VS Bharat Naik"]: Section 126(2) evidence procedure and jurisdiction; ["Amina Bharatram VS Sumant Bharatram"]: Revisions under FCA] "Legal Comment" - "Array of respondents and status challenges" - When determining validity of parties’ status and appropriate respondents (e.g., DV relatives, wives, husbands under various acts), courts must respect statutory arrays and avoid improper challenges under CPC Order I Rule 10; FCA Section 7(2)(b) expands permissible interlocutory consideration to include other enactments. [SOURCES: ["Ambreen Akhoon VS Aditya Aurn Paudwal"]: Array of respondents; ["Shaikh Taslim Shaikh Hakim VS State Of Maharashtra"]: DV Act respondents; ["01200000000"]: general array issues] "Legal Comment" - "Overriding effect of FCA" - The Act provides overriding effect against conflicting laws, ensuring Family Courts have primacy in matrimonial and family matters within their jurisdictional area, subject to specific exceptions and transfers. [SOURCES: ["04200004331"]: Guidelines on maintenance procedure; : FCA override references; ["Jisha Thomas D/o. Thankamma Thomas VS George Thomas S/o. K. V Thomas"]: Transfer and jurisdiction interplay]
(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 an
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