Family Courts Act: Section 21 – Power of High Court to make rules

(1) The High Court may, by notification in the Official Gazette, make such rules as it may deem necessary for carrying out the purposes of this Act.

(2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:—

(a) normal working hours of Family Courts and holding of sittings of Family Courts on holidays and outside normal working hours;

(b) holding of sittings of Family Courts at places other than their ordinary places of sitting;

(c) efforts which may be made by, and the procedure which may be followed by, a Family Court for assisting and persuading parties to arrive at a settlement.

Simplified Explanation

Section 21 of the Family Courts Act, 1984 grants High Courts the authority to make rules for the effective implementation and functioning of the Family Courts Act. This section ensures that the operational aspects of Family Courts can be tailored to local needs and circumstances while ensuring consistency across jurisdictions.

Key Provisions:

1. Rule-Making Power:
   • The High Court has the power to make rules through a notification in the Official Gazette, allowing it to set regulations that are necessary for carrying out the objectives of the Family Courts Act.
2. Specific Areas of Rule-Making:
   • The section lists several areas where the High Court may frame rules, including but not limited to:
     • Normal working hours and holidays: The rules may define the working hours of Family Courts and whether they need to sit on holidays or outside normal working hours to handle urgent family law matters.
     • Sittings at alternate locations: Rules may govern situations where Family Court sittings are to be held at locations other than their usual places, ensuring accessibility and convenience for parties in different areas.
     • Settlement Procedures: The rules can outline the efforts and procedures that Family Courts must follow to assist and encourage parties to settle disputes amicably, in line with the objective of promoting settlement, conciliation, and counseling as per the Act.

Purpose and Impact:

1. Flexibility and Local Adaptation:
   • This section empowers High Courts to adapt and adjust the functioning of Family Courts according to regional or local conditions. It provides flexibility to ensure that the courts operate efficiently in various settings and can adjust their operations based on the volume of cases or the needs of the people.
2. Consistency and Uniformity:
   • While allowing for flexibility, this rule-making power also ensures that the core objectives of the Family Courts Act are consistently pursued across different regions, whether it’s regarding working hours, the venue for sittings, or efforts to encourage settlements.
3. Facilitating Settlement and Alternative Dispute Resolution:
   • Given the emphasis on settlement and conciliation in family law, this section allows High Courts to define the procedures to promote amicable resolution of disputes. It reinforces the intent of the Family Courts Act to be not just a venue for adjudication, but also a space for encouraging out-of-court settlements.
4. Efficiency in Court Operations:
   • The power to make rules about holding sittings at alternative locations or outside regular hours helps in improving accessibility to justice, particularly in places where Family Courts might be distant, or when there is an urgent need for hearings. This also ensures that Family Courts can effectively address backlogs by being available when needed.

Summary:

Section 21 grants High Courts the authority to make rules for the implementation and functioning of the Family Courts Act. The rules can cover various operational aspects like working hours, locations of sittings, and the procedures for encouraging settlement, helping to ensure that the objectives of the Act are met efficiently and flexibly. This empowers the judiciary to adapt to local needs while maintaining a uniform approach to family law matters.