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Amendment Bill To Give Validity To Family Courts In Himachal Pradesh, Nagaland
Writer: Simran Jeet
She is a a dedicated and an optimistic person who believes in learning from experience.
India, 12 July 2022 5:00 AM GMT
Editor : Shiva Chaudhary |
A post-graduate in Journalism and Mass Communication with relevant skills, specialising in content editing & writing. I believe in the precise dissemination of information based on facts to the public.
Creatives : Shiva Chaudhary
A post-graduate in Journalism and Mass Communication with relevant skills, specialising in content editing & writing. I believe in the precise dissemination of information based on facts to the public.
The government is bringing a Family Courts (Amendment) Bill to help validate the appointment of judicial officers and court staff in the family courts of the two states with retrospective effect.
The absence of a mandatory central government notification has put a question mark on the jurisdiction of the family courts, which is significant in facilitating speedy settlements of marriage-related disputes.
To overcome this difficulty, the central government has notified the setting up of family courts in the states of Himachal Pradesh and Nagaland to speed up settlements of marriage-related disputes. The family courts will function within the domain of the state governments in consultation with the respective high courts.
Family Courts (Amendment) Bill, 2022
The Family Courts (Amendment) Bill, 2022, will likely be introduced in the Monsoon Session of Parliament, starting July 18. The Family Courts Act, 1984 provides for establishing family courts by the state governments in consultation with the high courts to promote swift settlement of family-related disputes and facilitate conciliation.
As The Times of India reports, since there is no provision in the Family Courts Act to issue a central government notification with retrospective effect, the union law ministry plans the bill's amendment.
Why Is Central Government Notification Needed?
A central government notification is required to give effect to the provisions of the 1984 law in a state where such courts are set up. However, the absence of such notification challenged the validity of family courts in the state high court of Himachal Pradesh.
As reported by The Print, a central government notification must give effect to the provisions of the 1984 law in a state where such courts are set up. Himachal Pradesh operates three such courts while Nagaland is running two.
The family courts in Nagaland and Himachal Pradesh will be validated from September 2008 and February 2019, respectively. The union cabinet cleared the amendment bill on July 6, and over 710 family courts function in 26 states.
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