Centre Introduces Family Courts (Amendment) Bill, 2022 In Lok Sabha
Centre Introduces Family Courts (Amendment) Bill, 2022 In Lok Sabha
Law Minister Kiren Rijiju on Monday brought the Family Courts (Amendment) Bill, 2022 withinside the Lok Sabha, to triumph over the problem of loss of jurisdiction of Family Courts withinside the States of Himachal Pradesh and Nagaland. Though the Government of Nagaland mounted Family Courts in September 2008 and the Government of Himachal Pradesh mounted 3 Family Courts in February 2019, the identical are but to be delivered into pressure with the aid of using the Central Government vide notification withinside the Official Gazette as prescribed below Section 1(3) of the Family Courts Act, 1984.
Thus, the Amendment Act seeks to “validate” and “save” all of the features carried out with the aid of using such courts until date. The Amendment Act seeks to amend the Act of 1984 with the aid of using putting a proviso in Section 1(3) to offer for the status quo of Family Courts withinside the State of Himachal Pradesh with impact from the fifteenth February, 2019 and withinside the State of Nagaland with impact from the twelfth September, 2008. It additionally seeks to insert a brand new segment 3A to retrospectively validate all movements below the stated Act taken with the aid of using the State Government of Himachal Pradesh and Nagaland and the Family Courts of these States previous to the graduation of the Family Courts (Amendment) Act, 2022.
Section 3A similarly gives any movement taken, any appointment made, any obligation carried out, any policies made, any notification issued below the Family Courts Act withinside the States of Himachal Pradesh and Nagaland previous to the graduation of this Amendment Act will be deemed valid.
It provides that “Every electricity exercised and characteristic carried out, each remember dealt with, each intending undertaken, each order, judgment, decree or sentence handed and each different act completed with the aid of using the Family Courts withinside the States of Himachal Pradesh and Nagaland previous to the graduation of the Family Courts (Amendment) Act, 2022 will be deemed to be validly exercised, carried out, dealt with, undertaken, handed or completed below the provisions of this Act.”
It can be stated that the problem of loss of jurisdiction of Family Courts in Himachal Pradesh is pending earlier than the High Court withinside the case of Omkar Sharma v. State of Himachal Pradesh & Anr., Crl Rev No. 180/2021. The Petitioner therein said that because the Central Government has now no longer issued any notificatication issued with the aid of using the State organising the Family Courts is extremely vires. The Union of India is impleaded as a celebration and the problem is pending earlier than that Court.