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Introduction to the Family Courts Act, 1984
The Family Courts Act, 1984 is a legislation enacted to establish Family Courts in India for the purpose of facilitating the resolution of family-related disputes and matters.
Short Title, Extent, and Commencement
- Short Title: The Act is officially known as the Family Courts Act, 1984.
- Extent: The Act applies to the whole of India, except for the State of Jammu and Kashmir.
- Commencement: The Act comes into force on a date specified by the Central Government through a notification in the Official Gazette. Different dates may be appointed for different States.
Question for PreliminaryTry yourself: Which of the following is true about the Family Courts Act, 1984?View Solution
Definitions
In the context of the Family Courts Act, 1984, the following definitions are provided:
- “Judge”: Refers to the Judge, Principal Judge, Additional Principal Judge, or other Judge of a Family Court.
- “Notification”: Means a notification published in the Official Gazette.
- “Prescribed”: Indicates something prescribed by rules made under this Act.
- “Family Court”: Refers to a Family Court established under Section 3 of the Act.
- Other Terms: Words and expressions not defined in the Act but defined in the Code of Civil Procedure, 1908, shall have the meanings assigned to them in that Code.
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FAQs on Preliminary - Family Law - CLAT PG
| 1. What is the purpose of the Family Courts Act, 1984? |  |
Ans. The Family Courts Act, 1984 was enacted to provide for the establishment of Family Courts for the purpose of facilitating the resolution of disputes concerning marriage and family affairs. The Act aims to promote conciliation and secure speedy settlement of disputes while ensuring that the proceedings are conducted in a less formal environment compared to regular courts.
| 2. What are the key definitions provided in the Family Courts Act, 1984? | |
Ans. The Family Courts Act, 1984 includes key definitions related to "family," "family courts," and "disputes." It defines a family as a group of individuals related by blood, marriage, or adoption. The term "family court" refers to a court established under the Act for the resolution of family disputes. The Act emphasizes that disputes may include matters related to marriage, divorce, child custody, and maintenance.
| 3. How does the Family Courts Act, 1984 differ from regular civil courts? | |
Ans. The Family Courts Act, 1984 differs from regular civil courts in that it focuses specifically on family-related disputes and aims to provide a more informal and conciliatory approach to resolving such issues. Family courts are designed to be more accessible to the parties involved, with simpler procedures and an emphasis on mediation, unlike the more formal processes typically found in regular civil courts.
| 4. Who has the authority to establish Family Courts under the Family Courts Act, 1984? | |
Ans. The authority to establish Family Courts under the Family Courts Act, 1984 lies with the state governments. Each state is empowered to set up one or more Family Courts in its jurisdiction to handle family-related matters effectively. The Act allows for the appointment of judges with specialized knowledge and experience in family law to preside over these courts.
| 5. What is the significance of the commencement provision in the Family Courts Act, 1984? | |
Ans. The commencement provision in the Family Courts Act, 1984 signifies the date from which the provisions of the Act come into effect. This ensures that the establishment of Family Courts and the application of the Act's procedures and provisions are implemented in a timely manner, allowing for the effective resolution of family disputes as intended by the legislation.
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Dec 25, 2024 Last updated |
Document Description: Preliminary for CLAT PG 2024 is part of Family Law preparation.
The notes and questions for Preliminary have been prepared according to the CLAT PG exam syllabus. Information about Preliminary covers topics
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