THE FAMILY COURTS ACT, 1984

ACT NO. 66 OF 1984

14th September, 1984

An Act to provide for the establishment of Family Courts with a view to promote conciliation in, and secure speedy settlement of, disputes relating to marriage and family affairs and for matters connected therewith. BE it enacted by Parliament in the Thirty-fifth Year of the Republic of India as follows:—

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S.Chapter I PRELIMINARY

S.1 Short title, extent and commencement

(1) This Act may be called the Family Courts Act, 1984.

(2) It extends to the whole of India1.

(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. The words “except the State of Jammu and Kashmir” Omitted by the Jammu and Kashmir Reorganisation (Adaptation of Central Laws) Order, 2020, vide notification No. S.O. 1123(E) dated (18-3-2020) and vide Union Territory of Ladakh Reorganisation (Adaptation of Central Laws) Order, 2020, notification No. S.O. 3774(E), dated (23-10-2020).

2. This Act shall come into force in— (i) Union territory of Andaman and Nicobar Islands on 19th November, 1986, vide notification No. 79/22/86, dated 19th November, 1986, Gazette of India, Extra., Pt. II, Section 1. (ii) Madhya Pradesh on 19th November, 1986, vide notification No. 79/6/86, dated 14th November, 198

S.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.

S.Chapter II FAMILY COURTS

S.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, 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 limits.

S.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;
• (d) the Additional Principal Judge may exercise the powers of the Principal Judge in the event of any vacancy in the office of the Principal Judge or when the Principal Judge is unable to discharge his functions owing to absence, illness or any other c
  

S.5 Association of social welfare agencies, etc.

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 effectively in accordance with the purposes of this Act.

S.6 Counsellors, officers and other employees of Family Courts

(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.

S.Chapter III JURISDICTION

S.8 Exclusion of jurisdiction and pending proceedings

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 the Code of Criminal Procedure, 1973 (2 of 1974),—
• (i) which is pending immediately before the establishment of such Family Court before any district court or subordinate court referred to in that sub-section or, as the case may be, before any magistrate under the said Code; and
• (ii) which would have been requ
  

S.Chapter IV PROCEDURE

S.9 Duty of Family Court to make efforts

S.10 Procedure generally

(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 down its own procedure with a view to arrive at a settlement in respect of the subject-matter of the suit or proceedings or at the truth of the facts alleged

S.11 Proceedings to be held in camera

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.

S.12 Assistance of medical and welfare experts

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.

S.13 Right to legal representation

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.

S.14 Application of Indian Evidence Act, 1872

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).

S.15 Record of oral evidence

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.

S.16 Evidence of formal character on affidavit

(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.

S.17 Judgment

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.

S.18 Execution of decrees and orders

(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.

S.Chapter V APPEALS AND REVISIONS

S.19 Appeal

(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 parties 2or 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) Act, 1991 (59 of 1991).

(3) Every appeal under this section shall be preferred within a period of thirty days from the date of the judgment or order of a Family Court.

S.Chapter VI MISCELLANEOUS

S.20 Act to have overriding effect

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.

S.21 Power of High Court to make rules

(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 by, a Family Court for assisting and persuading parties to arrive at a settlement.

S.22 Power of the Central Government to make rules

(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.

(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 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 or annulment shall be without prejudice to the validity of anything previously done under that rule.

S.23 Power of the State Government to make rules

(1) The State Government may, after consultation with the High Court, by notification, make rules for carrying out the purposes of this Act.

(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;
• (c) payment of fees and expenses (including travelling expenses) of medical and other experts and other persons referred to in section 12 out of the revenues of the State Government and the scales of such fees and expenses;
• (d) payment of fees and expenses to legal practitioners appointed under section 13 as amicus curiae out of the r
  

S.7 Jurisdiction

(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:—

• (a) a suit or proceeding between the parties to a marriage for a decree of nullity of marriage (declaring the marriage to be null and void or, as the case may be, annulling the marriage) or restitution of conjugal rights or judicial separation or dissolution of marriage;
• (b)
  

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  Legal Comments

  • "Right to Information Act, 2005" - Section 7(1) mandates that information concerning the life or liberty of a person must be provided within 48 hours of the request. [Prabhakar Kumar Singh VS Chief Information Commissioner, Jharkhand State Information Commission, HEC Campus, Dhurwa, Ranchi - 2023 0 Supreme(Jhk) 409]
  • "Right to Information Act, 2005" - If a public authority fails to comply with the time limit, information must be provided free of charge. [Prabhakar Kumar Singh VS Chief Information Commissioner, Jharkhand State Information Commission, HEC Campus, Dhurwa, Ranchi - 2023 0 Supreme(Jhk) 409]
  • "Right to Information Act, 2005" - Penalties can be imposed upon the Public Information Officer for refusal to provide information without reasonable cause. [Prabhakar Kumar Singh VS Chief Information Commissioner, Jharkhand State Information Commission, HEC Campus, Dhurwa, Ranchi - 2023 0 Supreme(Jhk) 409]
  • "Right to Information Act, 2005" - The Act does not specify a specific mode of issuance of letters to the applicant. [Prabhakar Kumar Singh VS Chief Information Commissioner, Jharkhand State Information Commission, HEC Campus, Dhurwa, Ranchi - 2023 0 Supreme(Jhk) 409]
  • "Payment of Gratuity Act, 1972" - The amount required to be deposited under Section 7(7) is the amount of gratuity determined under Section 7(4)(c) and not the amount admitted by the employer under Section 7(4)(a). [National Textile Corporation Limited VS Sanjay Sengupta - Calcutta (2014)]
  • "Payment of Gratuity Act, 1972" - The employer is only required to deposit the amount of gratuity admitted under Section 7(4)(a) at the time of preferring an appeal, and not the interest amount. [National Textile Corporation Limited VS Sanjay Sengupta - Calcutta (2014)]
  • "Employees’ Provident Funds and Miscellaneous Provisions Act, 1952" - Section 7-O mandates a pre-deposit of 75% of the amount determined under Section 7-A for maintaining an appeal under Section 7-I. [Unjha Pragati Mandal Through Secretary VS Union of India - 2024 0 Supreme(Guj) 734]
  • "Employees’ Provident Funds and Miscellaneous Provisions Act, 1952" - An appeal against an order passed under Section 7-A is appealable under Section 7-I. [Institute Of Engineering And Rural Technology VS Union Of India - Allahabad (2023)]
  • "Court Fees Act" - The word 'land' in Section 7(v) includes houses and gardens when such houses and gardens are appurtenant thereto. [BALDEO GULABRAO VS ABDUL HAFIZ S/O ABDUL AJIJKHAN - 1950 0 Supreme(Nagpur) 28]
  • "Court Fees Act" - In a suit for possession of a house or garden, the court fee is payable under Section 7(v)(e). [BALDEO GULABRAO VS ABDUL HAFIZ S/O ABDUL AJIJKHAN - 1950 0 Supreme(Nagpur) 28]
  • "Court Fees Act" - The relief claimed consequent on the declaration should be valued under the relevant paragraph dealing with the particular relief and not under Section 7(iv)(c). [C. M. Maroof Sahib VS Ayyakannu Naicker - 1934 0 Supreme(Mad) 517]
  • "West Bengal Premises Tenancy Act, 1997" - The provisions of Section 7(1)(c) and Section 7(3) are mandatory, and the defense against delivery of possession stands struck out by operation of law in case of non-compliance. [Saurav Das VS Kartick Dutta - 2019 0 Supreme(Cal) 946]
  • "West Bengal Premises Tenancy Act, 1997" - Once a dispute is raised and decided under Section 7(2), there is no further scope of deposit under Section 7(1). [Saurav Das VS Kartick Dutta - 2019 0 Supreme(Cal) 946]
  • "Madras City Tenants Protection Act, 1922" - The proviso to Section 7, which limits the enhancement of rent to 25%, does not apply to Section 7-A. [B. S. Rajarama Iyer VS Parasumanna K. Rama-swami Iyer (deed. ) - 1971 0 Supreme(Mad) 180]
  • "Madras City Tenants Protection Act, 1922" - Section 7-A gives the court the power to fix a reasonable rent without any limitation. [B. S. Rajarama Iyer VS Parasumanna K. Rama-swami Iyer (deed. ) - 1971 0 Supreme(Mad) 180]
  • "Criminal Law Amendment Act, 1932" - Section 7 is constitutional and intra vires of the Constitution of India. [RAJ NARAIN VS STATE - 1960 0 Supreme(All) 143]
  • "Criminal Law Amendment Act, 1932" - The restrictions imposed by Section 7 are reasonable and in the interests of public order. [RAJ NARAIN VS STATE - 1960 0 Supreme(All) 143]
  • "Criminal Law Amendment Act, 1932" - The words "loitering" and "deterred" in Section 7 should be interpreted in a manner that does not criminalize peaceful picketing. [RAJ NARAIN VS STATE - 1960 0 Supreme(All) 143]
  • "Criminal Law Amendment Act, 1932" - If any part of Section 7 is found to be unconstitutional, it can be severed and the rest of the section will remain valid. [RAJ NARAIN VS STATE - 1960 0 Supreme(All) 143]
  • "Insolvency and Bankruptcy Code, 2016" - Section 7 allows a financial creditor to initiate insolvency proceedings upon the occurrence of a default. [IDBI Bank Ltd. VS Odisha Slurry Pipeline Infrastructure Ltd. - 2019 0 Supreme(NCLAT) 716]
  • "Insolvency and Bankruptcy Code, 2016" - The Adjudicating Authority must determine whether a "default" has occurred within 14 days of the receipt of the application. [IDBI Bank Ltd. VS Odisha Slurry Pipeline Infrastructure Ltd. - 2019 0 Supreme(NCLAT) 716]
  • "Essential Commodities Act" - For an offence under Section 7, mens rea cannot be excluded as the citizen must employ the faculties of intention, knowledge, and action to avoid committing the offence. [Assistant Commercial Taxes Officer VS Sukh Deo Gulab Chand - 1985 0 Supreme(Raj) 737]
  • "Payment of Gratuity Act, 1972" - The State Government is a necessary party to the proceedings under Section 7(4) of the Act. [State of Karnataka VS Sathya - 2015 0 Supreme(Kar) 1285]
  • "Kerala Land Reforms Act" - Separate rules are not necessary for granting benefits under Section 7(E). [KUNNUMBRAN SREEDHARAN VS STATE OF KERALA - 2013 0 Supreme(Ker) 792]
  • "Punjab Village Common Lands (Regulation) Haryana Amendment Act, 1974" - Principles of res judicata are applicable to proceedings under Section 7 of the Act. [Daulat Ram VS State Of Haryana - 1985 0 Supreme(P&H) 580]
  • "Court Fees Act" - The suit for cancellation of a sale-deed fell within the ambit of Section 7(iv-a), and the ad valorem court fee is payable in terms of Section 7(v) for agricultural land. [RAKESH PRATAP SINGH VS ROYAL SHIKSHA SANSTHAN - 2009 0 Supreme(All) 2719]
  • "Court Fees Act" - The valuation of a suit under the Court Fees Act should be based on the substance of the case, rather than the bald averments made in the plaint. [Ab. Rehman Banday VS Sakina Begum - 1989 0 Supreme(J&K) 24]
  • "Rajasthan Sales Tax Act, 1954" - An assessee cannot be held liable for the penalty under Section 16(1)(b) for failing to deposit tax under Section 7(2A) because the assessee had not filed any return under Section 7(1). [Assistant Commercial Taxes Officer VS Sukh Deo Gulab Chand - 1985 0 Supreme(Raj) 737]
  • "Employees’ Provident Funds and Miscellaneous Provisions Act, 1952" - The requirement to deposit 75% of the amount determined by the Respondent as a condition for entertaining an appeal only applies to Section 7(a) and not to Section 7(c). [Alvares and Thomas VS Recovery Officer, Employees Provident Fund Organisation  - 2000 0 Supreme(Kar) 734]
  • "Entry Tax Act" - The levy of penalty for non-compliance of Section 7(1) and (5) was held to be arbitrary and ultra vires as it could be imposed even when the goods were not liable for any tax under Section 3 of the Act. [Western Coal Fields Ltd. VS State Of Madhya Pradesh - 1995 0 Supreme(MP) 282]
  • "West Bengal Premises Tenancy Act, 1997" - The word "shall" in Section 7(3) should be construed as directory and not mandatory, and the court has the discretion to strike out the defence of a tenant for non-compliance. [Indo American Electricals Ltd. VS Gopa Sinha - 2010 0 Supreme(Cal) 1438]
  • "Court Fees Act" - In a suit by a lessee for recovery of possession from a tenant holding over, the court fee payable is under Section 7(v) and not Section 7(xi)(cc). [Mandalika Venkatasubba Rao VS Alla Annapurnamma - 1954 0 Supreme(AP) 95]
  • "Employees’ Provident Funds and Miscellaneous Provisions Act, 1952" - The order passed under Section 7-Q of the EPF Act, which deals with the interest payable by the employer on delayed payment, is not appealable under Section 7-I of the Act. [Sumedha Vehicles Pvt. Ltd. VS Central Government Industrial Tribunal And Others - 2020 0 Supreme(MP) 176]
  • "Court Fees Act" - The court fee payable in a suit for recovery of immovable property from the heirs of a deceased statutory tenant is under Section 7(xi)(cc) and not Section 7(v)(e). [LAJWANTI VS BAHADUR SINGH - 1980 0 Supreme(Del) 230]
  • "Maharashtra Ownership Flats Act, 1963" - Section 7-A clarifies that the consent of flat holders in a building is not necessary in respect of construction in the scheme or lay out, after obtaining approval of the local authority. [Manratna Developers VS Megh ratan co-operative housing society Ltd. - 2008 0 Supreme(Bom) 1539]
  • "Public Premises (Eviction of Unauthorised Occupants) Act, 1958" - Section 7(2) of the Act was held to be void for violating Article 14 of the Constitution. [D. MACROPOLO AND CO. VS UNION OF INDIA - 1971 0 Supreme(Cal) 138]
  • "Payment of Gratuity Act, 1972" - Section 7(3A) provides for payment of interest on delayed payment of gratuity and is prospective in operation. [HINDUSTAN PETROLEUM CORPORATION LTD. VS P. T. VIJAYAN - 1994 0 Supreme(Bom) 739]
  • "Court Fees Act" - The proper method of valuing the relief in a suit for cancellation of a conveyance is the market value of the property under Section 7(iv)(a). [Kolachala Kutumba Sastri VS Lakkaraju Bala Tripura Sundaramma - 1939 0 Supreme(Mad) 108]
  • "COFEPOSA Act" - Section 7 contemplates three stages: notifying an order, making a report to a Magistrate, and launching prosecution for non-compliance. [Mohd. Nashruddin Khan vs Union of India - Delhi (2020)]
  • "Essential Commodities Act" - Section 7 prohibits the contravention of an order passed under Section 3 and prohibits disobedience of a direction given under Clause (b) of Sub-section (4) of Section 3. [Assistant Commercial Taxes Officer VS Sukh Deo Gulab Chand - 1985 0 Supreme(Raj) 737]