**Report on The Family Courts Amendment Bill, 2022**
**1. Executive Summary:**
This report analyzes The Family Courts Amendment Bill, 2022. This bill amends The Family Courts Act, 1984. The core purpose of the amendment, as inferred from the text, is to validate the establishment and actions of Family Courts in the States of Himachal Pradesh and Nagaland, where the Act was not formally brought into force by the Central Government notification despite the courts being functional. The key findings are that the amendment retrospectively validates the actions of the Family Courts in these states, addressing potential legal challenges and ensuring the continued operation of these courts.
**2. Introduction:**
The purpose of this report is to provide an informative overview of The Family Courts Amendment Bill, 2022, based solely on the text provided. The report outlines the amendment's objectives, rationale, key provisions, and potential impact.
**3. Policy Overview:**
* This bill is an amendment to the Family Courts Act, 1984.
* Core Objective(s): The core objective of the amendment, as stated within the "STATEMENT OF OBJECTS AND REASONS", is to validate actions taken by the State Governments of Himachal Pradesh and Nagaland and the Family Courts of those states prior to the commencement of The Family Courts Amendment Act, 2022, where formal central government notification was lacking. This is designed to ensure the legal validity and continued operation of these Family Courts.
**4. Background and Rationale:**
* This is an amendment to an existing policy. The rationale for this specific amendment, based on the provided text, is to address a jurisdictional issue with Family Courts in Himachal Pradesh and Nagaland. Despite the establishment and operation of Family Courts in these states by their respective governments, the Central Government had not issued the necessary notification to formally bring the Family Courts Act, 1984, into force. This oversight led to a legal challenge in the High Court of Himachal Pradesh, questioning the jurisdiction and validity of actions taken by these courts. The amendment aims to retrospectively validate these actions and prevent further legal complications.
**5. Key Provisions / Changes:**
* The amendment introduces the following key changes:
* **Amendment of section 1:** A proviso is inserted in subsection 3 of section 1 of the Family Courts Act, 1984. The *new* rule is that the Act shall be deemed to have come into force in Himachal Pradesh with effect from February 15, 2019, and in Nagaland with effect from September 12, 2008. The *effect* of this change is to retrospectively establish the Act's validity in these states from the specified dates.
* **Insertion of new section 3A:** A new section 3A is inserted into the Family Courts Act, 1984, titled "Validation of certain actions." This section has four sub-sections.
* **(1)** It validates the establishment of Family Courts in Himachal Pradesh and Nagaland with effect from the dates mentioned above (February 15, 2019, and September 12, 2008 respectively), as if the Central Government had issued the required notifications from those dates. The *effect* is to remove any doubt about the legality of the courts' existence and operation during that period.
* **(2)** It validates anything done, any action taken, any appointment made, any duty performed, any rules made, any notification issued in Himachal Pradesh and Nagaland prior to the commencement of The Family Courts Amendment Act, 2022. The *effect* is to safeguard all past actions taken under the Family Courts Act in these states from being challenged for lack of jurisdiction.
* **(3)** It validates every order of appointment of a person as a Judge of a Family Court and every order of posting, promotion or transfer, as the case may be, made under this Act in the States of Himachal Pradesh and Nagaland prior to the commencement of the Family Courts Amendment Act, 2022. The *effect* is to explicitly protect the tenure and authority of judges and court staff in these states.
* **(4)** It validates every power exercised and function performed, every matter dealt with, every proceeding undertaken, every order, judgment, decree or sentence passed and every other act done by the Family Courts in the States of Himachal Pradesh and Nagaland prior to the commencement of the Family Courts Amendment Act, 2022. The *effect* is to protect all decisions, judgments, and other actions taken by the Family Courts in these states.
**6. Target Audience and Stakeholders:**
Based on the provided text, the primary target audience and stakeholders are:
* Residents of Himachal Pradesh and Nagaland involved in family disputes that are or have been processed through the Family Courts.
* The Family Courts of Himachal Pradesh and Nagaland and their judges and staff.
* The State Governments of Himachal Pradesh and Nagaland.
* Legal professionals practicing in these states.
**7. Implementation Aspects (Inferred):**
* **Responsible agency/bodies:** The Central Government is responsible for appointing the date of commencement of the Act. State Governments of Himachal Pradesh and Nagaland are responsible for the initial establishment of the family courts.
* **Timelines or procedures:** The amendment specifies that the Act is deemed to have come into force in Himachal Pradesh on February 15, 2019, and in Nagaland on September 12, 2008. This indicates a retrospective implementation. No further procedures are outlined in the provided text.
**8. Expected Outcomes / Impact of Changes:**
* The likely intended outcome of these specific changes introduced by the amendment is to:
* Remove the legal ambiguity surrounding the validity of actions taken by the Family Courts in Himachal Pradesh and Nagaland.
* Prevent potential appeals or challenges to past judgments and orders of these courts.
* Ensure the continued functioning of these courts without jurisdictional concerns.
* Provide legal certainty and stability to individuals and families relying on these courts for dispute resolution.
**9. Conclusion:**
The Family Courts Amendment Bill, 2022, is a crucial piece of legislation designed to address a jurisdictional gap concerning the Family Courts in Himachal Pradesh and Nagaland. By retrospectively validating the establishment and actions of these courts, the amendment aims to protect the interests of the citizens of these states and ensure the continued effective administration of justice in family matters. The amendment will provide legal certainty and avoid unnecessary legal challenges.
Key Entities Referenced
Lok Sabha: The lower house of the Parliament of India, where the Family Courts Amendment Bill, 2022 was introduced.
Family Courts Amendment Bill, 2022: A bill to amend the Family Courts Act, 1984.
Family Courts Act, 1984: The principal Act being amended by the Family Courts Amendment Bill, 2022.
Central Government: The government of India. Empowered to bring the Family Courts Act into force in different states via notification in the Official Gazette.
Himachal Pradesh: A state in India where the Family Courts Act, 1984 is deemed to have come into force on 15th February, 2019.
Nagaland: A state in India where the Family Courts Act, 1984 is deemed to have come into force on 12th September, 2008.
Shimla: City in Himachal Pradesh where a Family Court was established.
Dharamshala: City in Himachal Pradesh where a Family Court was established.
Mandi: City in Himachal Pradesh where a Family Court was established.
Dimapur: City in Nagaland where a Family Court was established.
Kohima: City in Nagaland where a Family Court was established.
Omkar Sharma Versus State of Himachal Pradesh: A case before the High Court of Himachal Pradesh challenging the jurisdiction of Family Courts in Himachal Pradesh.
Union of India: A party impleaded in the case of Omkar Sharma Versus State of Himachal Pradesh.
Kiren Rijiju: Individual who introduced the bill. NEW DELHI; The 14th July, 2022
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LOK SABHA
————
The following Bill was introduced in Lok Sabha on 18th July, 2022:—
BILL NO. 123 OF 2022
THE FAMILY COURTS (AMENDMENT) BILL, 2022
A Bill further to amend the Family Courts Act, 1984.
BE it enacted by Parliament in the Seventy-third Year of the Republic of India as follows:—
1. (1) This Act may be called the Family Courts (Amendment) Act, 2022. Short title and
commencement.
(2) It shall come into force on such date as the Central Government may, by notification
in the Official Gazette, appoint.
66 of 1984. 2. In the Family Courts Act, 1984 (hereinafter referred to as the principal Act), in section 1, Amendment of
in sub-section (3), the following proviso shall be inserted, namely:— section 1.
“Provided that it shall be deemed to have come into force in the State of Himachal
Pradesh with effect from the 15th February, 2019 and in the State of Nagaland with
effect from the 12th September, 2008.”.2 THE GAZETTE OF INDIA EXTRAORDINARY [PART II—
Insertion of 3. After section 3 of the principal Act, the following section shall be inserted, namely:—
new section 3A.
Validation of “3A. (1) The establishment of Family Courts in the State of Himachal Pradesh
certain with effect from the 15th February, 2019 and in the State of Nagaland with effect from
actions. the 12th September, 2008 shall be deemed to be valid and always to have been valid as
if the notification for appointing the date for bringing this Act in force in the States of
Himachal Pradesh and Nagaland, as required under sub-section (3) of section 1, had
been issued by the Central Government with effect from such dates.
(2) Anything done, any action taken, any appointment made, any duty performed,
any rules made, any notification issued or purported to have been done, taken,
performed, made or issued under this Act in the States of Himachal Pradesh and
Nagaland prior to the commencement of the Family Courts (Amendment) Act, 2022
shall be deemed to have been validly done, taken, performed, made or issued, as the
case may be, under the provisions of this Act.
(3) Every order of appointment of a person as a Judge of a Family Court and
every order of posting, promotion or transfer, as the case may be, made under this Act
in the States of Himachal Pradesh and Nagaland prior to the commencement of the
Family Courts (Amendment) Act, 2022 shall be deemed to be validly made under the
provisions of this Act.
(4) Every power exercised and function performed, every matter dealt with, every
proceeding undertaken, every order, judgment, decree or sentence passed and every
other act done by the Family Courts in the States of Himachal Pradesh and Nagaland
prior to the commencement of the Family Courts (Amendment) Act, 2022 shall be
deemed to be validly exercised, performed, dealt with, undertaken, passed or done
under the provisions of this Act.”.SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 3
STATEMENT OF OBJECTS AND REASONS
The Family Courts Act, 1984 (66 of 1984) was enacted 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.
2. Sub-section (3) of section 1 of the said Act provides that "It shall come into force on
such date as the Central Government may, by notification in the Official Gazette, appoint,
and different dates may be appointed for different States". The said Act has come into
force on the 14th September, 1984 and as on April, 2022, there are 715 Family Courts which are
established and functioning in 26 States and Union territories, including three Family Courts
in the State of Himachal Pradesh and two Family Courts in the State of Nagaland.
3. Though the Government of Himachal Pradesh has established three Family Courts
at Shimla, Dharamshala and Mandi vide notification dated the 15th February, 2019 and the
Government of Nagaland has established two Family Courts at Dimapur and Kohima vide
notification dated the 12th September, 2008, the Central Government notification under
sub-section (3) of section 1 was not issued for bringing the said Act into force in those States.
4. The issue of lack of jurisdiction of Family Courts in the State of Himachal Pradesh
has been challenged before the Hon'ble High Court of Himachal Pradesh in the case of
Omkar Sharma Versus State of Himachal Pradesh and another in Criminal Revision Petition
No. 180 of 2021 (CWP No. 2571/2021) stating that as the Central Government has not issued
any notification to extend the jurisdiction of Family Courts in the State of Himachal Pradesh,
such Courts are functioning without jurisdiction and anything done or any action taken
under the said Act appears to be void ab initio and the notification issued by the State of
Himachal Pradesh establishing the Family Courts is ultra vires, as the said Act was not in
force in the State of Himachal Pradesh. The Union of India has been impleaded as a party
and the matter is pending before that Court.
5. As the Family Courts in the States of Himachal Pradesh and Nagaland are functional ever
since the date of their establishment and all actions taken by the State Government as well as the
Family Courts are required to be validated and saved, it is proposed to amend the said Act.
6. The Family Courts (Amendment) Bill, 2022 inter alia seeks to amend the said Act to insert—
(a) a proviso in sub-section (3) of section 1 to provide for the establishment of
Family Courts in the State of Himachal Pradesh with effect from the 15th February,
2019 and in the State of Nagaland with effect from the 12th September, 2008; and
(b) a new section 3A to retrospectively validate all actions under the said Act
taken by the State Government of Himachal Pradesh and Nagaland and the Family
Courts of those States prior to the commencement of the Family Courts
(Amendment) Act, 2022.
7. The Bill seeks to achieve the above objects.
NEW DELHI; KIREN RIJIJU.
The 14th July, 2022.
————
UTPAL KUMAR SINGH
Secretary General
UPLOADED BY THE MANAGER, GOVERNMENT OF INDIA PRESS, MINTO ROAD, NEW DELHI–110002
AND PUBLISHED BY THE CONTROLLER OF PUBLICATIONS, DELHI–110054.
MGIPMRND—559GI(S3)—19-07-2022.