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 Courts-

1. 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 Amount Unspent balance /

under Plan utilized
UC Awaited
(Rs. in lakhs) (Rs. in lakhs)
(Rs. in lakhs)
Bihar 2002-03 20 - 20
2006-07 200 - 200

Chhattisgarh 2002-03 10 10 -
2003-04 10 10 -
2005-06 90 - 90
2007-08 20 - UC awaited

Kerala 2002-03 20 - 20

Madhya 2002-03 70 - 70
Pradesh

Jharkhand 2003-04 20 - 20

Maharashtra 2004-05 20 - 20

Punjab 2003-04 20 - 20

Delhi 2002-03 130 - 130

2003-04 20 - 20

Tripura 2002-03 20 - 20
2005-06 20 * -

Uttarakhand 2002-03 30 - 30

West Bengal 2002-03 10 2.25 #

2007-08 35 - UC awaited

Gujarat 2002-03 30 25.41 4.59

Manipur 2002-03 10 10

Assam 2003-04 40 - 40

Nagaland 2003-04 20 - 20

Karnataka 2003-04 20 - 20

Total 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 Amount Unspent balance /

under Non-Plan utilized
UC Awaited
(Rs. in lakhs) (Rs. in lakhs)
(Rs. in lakhs)
Bihar 2002-03 10 - 10
2003-04 10 - 10
2004-05 10 - 10
2006-07 10 - 10

Chhattisgarh 2005-06 25 25 -
2007-08 30 - UC awaited

Kerala 2002-03 10 10 -
2003-04 10 10 -
2004-05 10 10 -

Madhya 2002-03 35 - 35
Pradesh
2003-04 35 - 35
2004-05 35 - 35

Jharkhand 2003-04 5 - 5

Maharashtra 2007-08 90 90 -

Punjab 2003-04 10 - 10

Tamil Nadu 2007-08 30 - UC awaited

Tripura 2002-03 5 5
2003-04 5 5
2005-06 5 * -
2007-08 9.08 - UC awaited

Uttarakhand 2002-03 15 15 -
2003-04 15 - 15
 2004-05 12.35 - 12.35

West Bengal 2007-08 35 - UC awaited

Total 187.35

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