Family Courts | Family Law - CLAT PG PDF Download

Jurisdiction and Powers of Family Courts

• The State Government, in consultation with the High Court, is responsible for establishing Family Courts as per the jurisdiction and powers defined in the Act.

Family Court Establishment Guidelines

• Family Courts must be established in areas with a population exceeding one million, such as cities or towns.
• Family Courts may also be set up in other areas deemed necessary by the State Government.

Notification and Area Specification

• The State Government will specify the local limits of a Family Court's jurisdiction by notification, in consultation with the High Court.
• These limits can be increased,reduced, or altered as needed.

Appointment of Judges in Family Courts

1. Appointment Process

• The State Government, with the agreement of the High Court, can appoint individuals as Judges of a Family Court.

2. Structure of Multi-Judge Family Courts

• If a Family Court has more than one Judge:
• (a) Each Judge can exercise all powers granted to the Court by this Act or any other law.
• (b) The State Government, with the High Court’s agreement, can designate one Judge as the Principal Judge and another as the Additional Principal Judge.
• (c) The Principal Judge can decide how to distribute cases among the Judges.
• (d) If the Principal Judge is unavailable, the Additional Principal Judge can take over their duties.

3. Qualifications for Judges

• To be eligible for appointment as a Judge, a person must meet one of the following criteria:
• (a) Have held a judicial position in India for at least seven years, or served as a Member of a Tribunal, or held a legal position under the Union or a State requiring special legal knowledge.
• (b) Have been an advocate in a High Court or in two or more High Courts in succession for at least seven years.
• (c) Meet other qualifications set by the Central Government, with the Chief Justice of India’s agreement.

4. Selection Criteria

• When selecting Judges:
• (a) Efforts should be made to choose individuals committed to protecting the institution of marriage, promoting children's welfare, and experienced in dispute resolution through conciliation and counselling.
• (b) Preference should be given to women.

5. Age Limit

• No person can be appointed as a Judge of a Family Court after reaching the age of sixty-two years.

6. Salary and Conditions of Service

• The salary, honorarium, allowances, and other service conditions for Judges will be determined by the State Government in consultation with the High Court.

Association of Social Welfare Agencies with Family Courts

The State Government, in consultation with the High Court, may establish rules for associating various social welfare entities with Family Courts. This collaboration aims to enhance the court's effectiveness in addressing family-related issues.

Key Points of Association

• Institutions or Organizations: Collaboration may include institutions or organizations engaged in social welfare.
• Professionals in Family Welfare: Persons professionally involved in promoting family welfare can be associated with the Family Court.
• Social Welfare Workers: Individuals working in the field of social welfare may also be included.
• Other Relevant Persons: Any other individuals whose association would help the Family Court exercise its jurisdiction more effectively can be considered.

Counsellors, Officers, and Other Employees of Family Courts

Determination of Numbers and Categories

• The State Government, in consultation with the High Court, will decide the number and categories of counsellors,officers, and other employees needed to assist a Family Court.
• The State Government will provide the Family Court with the necessary counsellors,officers, and other employees as deemed appropriate.

Terms and Conditions

• The terms and conditions for counsellors and the service conditions for officers and other employees will be specified by rules set by the State Government.