Family Courts

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Family Courts
The Family Courts Act, 1984 provides for establishment of Family Courts by the State Governments in consultation with the High Courts with a view to promote conciliation and secure speedy settlement of disputes relating to marriage and family affairs and for matters connected therewith. Under Section 3(1)(a) of the Family Courts Act, it is mandatory for the State Governments to set up a Family Court for every area in the State comprising a city or a town whose population exceeds one million. In other areas of the States, the Family Courts may be set up if the State Governments deems it necessary. Following are the matters, which can be filed in the Family Courts1. Decree for nullity of marriage 2. Restitution of Conjugal rights 3. Judicial Separation 4. Divorce 5. Declaration of marital status of any person 6. Matrimonial property matters 7. Claim of maintenance 8. Guardianship 9. Custody of children 10.Access of children 11.Application for injunction in matrimonial matters. 2. A scheme of Central financial assistance was started in 2002-03 for setting of Family Courts. As per the scheme Rs. 10 lakhs per court are provided by the Department of Justice for setting up of Family Courts with equal matching share from States. Under Non-Plan, funds to the tune of Rs. 5 lakh per court are provided for running expenditure of the Family Court. . 3. The Parliamentary Committee on Empowerment of Women has recommended that Family Courts may be set up in each district. All the State Governments/UT Administrations have been requested to set up Family Courts in each district.

4. The details of grants released to the State Governments under Plan and Non-Plan year-wise and State-wise is enclosed at Annexure-II.

Annexure-I

DETAILS OF FUNDS RELEASED UNDER PLAN FOR SETTING UP OF FAMILY COURTS

Name of State

Year

Amount released under Plan (Rs. in lakhs)

Amount utilized (Rs. in lakhs) 10 10 -

Unspent balance / UC Awaited (Rs. in lakhs) 20 200 90 UC awaited 20 70 20 20 20 130 20 20 30 # UC awaited 4.59 10

Bihar Chhattisgarh

2002-03 2006-07 2002-03 2003-04 2005-06 2007-08 2002-03 2002-03 2003-04 2004-05 2003-04 2002-03 2003-04 2002-03 2005-06 2002-03 2002-03 2007-08 2002-03 2002-03 2003-04 2003-04 2003-04

20 200 10 10 90 20 20 70 20 20 20 130 20 20 20 30 10 35 30 10 40 20 20

Kerala Madhya Pradesh Jharkhand Maharashtra Punjab Delhi Tripura Uttarakhand West Bengal Gujarat Manipur Assam Nagaland Karnataka Total

*
2.25 25.41

-

40 20 20 754.59

* State Government indicated utilization of Rs. 19,08,533. However, the breakup of Plan & Non-Plan
not given.

# State Government indicated that remaining amount of Rs. 7,75,214/-utilised for recurring expenditure for the year 2003-04.

Annexure-II

DETAILS OF FUNDS RELEASED UNDER NON-PLAN FOR MEETING RECURRING EXPENDITURE ON FAMILY COURTS

Name of State

Year

Amount released under Non-Plan (Rs. in lakhs)

Amount utilized (Rs. in lakhs) 25 10 10 10 90 5 5 * 15 -

Unspent balance / UC Awaited (Rs. in lakhs) 10 10 10 10 UC awaited 35 35 35 5 10 UC awaited

Bihar

2002-03 2003-04 2004-05 2006-07 2005-06 2007-08 2002-03 2003-04 2004-05 2002-03 2003-04 2004-05 2003-04 2007-08 2003-04 2007-08 2002-03 2003-04 2005-06 2007-08 2002-03 2003-04

10 10 10 10 25 30 10 10 10 35 35 35 5 90 10 30 5 5 5 9.08 15 15

Chhattisgarh Kerala

Madhya Pradesh

Jharkhand Maharashtra Punjab Tamil Nadu Tripura

UC awaited 15

Uttarakhand

2004-05 West Bengal Total 2007-08

12.35 35

-

12.35 UC awaited 187.35

* State Government indicated utilization of Rs. 19,08,533. However, the breakup of Plan
& Non-Plan not given.

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