(1) This Act may be called the Family Courts Act, 1984.
(2) It extends to the whole of India 1***
(3) It shall come into force on such date2 as the Central Government may, by notification in the Official Gazette, appoint, and different dates may be appointed for different States.
Simplified Explanation
This section deals with the formal aspects of the Act, including its name, scope, and when it comes into force.
Subsection (1): Short Title
- “This Act may be called the Family Courts Act, 1984.”
- This is the title of the Act. It identifies the law which deals with the establishment and functioning of family courts across India.
Subsection (2): Extent
- “It extends to the whole of India…”
- This means the Family Courts Act applies to the entire country, including all states and union territories in India. This ensures uniformity in the legal framework governing family disputes.
Subsection (3): Commencement
- “It shall come into force on such date as the Central Government may, by notification in the Official Gazette, appoint, and different dates may be appointed for different States.”
- This subsection outlines how and when the Act comes into operation.
- The Central Government is given the authority to notify a date for the commencement of the Act.
- The government can appoint different commencement dates for various states, ensuring that the establishment of family courts can be phased in, depending on the preparedness and requirements of different regions.
- The notification published in the Official Gazette marks the formal start of the implementation process.
- This subsection outlines how and when the Act comes into operation.
In summary, Section 1 sets the stage for the establishment of the Family Courts Act by giving it its name, clarifying that it applies to all of India, and providing the procedural mechanism for its commencement. The Act came into force in different states at different times, which is why the specific dates of implementation may vary.
1. The words “except the State of Jammu and Kashmir” Omitted by the Jammu and Kashmir Reorganization (Adaptation of Central Laws) Order, 2020, vide notification No. S.O. 1123(E) dated (18-3-2020) and vide Union Territory of Ladakh Reorganisation (Adaptation of Central Laws) Order, 2020, notification No. S.O. 3774(E), dated (23-10-2020).
2. This Act shall come into force in–
(i) Union territory of Andaman and Nicobar Islands on 19th November, 1986,vide notification No. 79/22/86, dated 19th November, 1986, Gazette of India, Extra., Pt. II, Section 1.
(ii) Madhya Pradesh on 19thNovember, 1986, vide notification No. 79/6/86, dated 14th November, 1986, Gazette of India, Extra., Pt. II, Section 1
(iii) Uttar Pradesh on 2ndOctober, 1986, vide notification No. 79/11/86-Jus., dated 4th September, 1986, Gazette of India, Pt. II, Section 1
(iv) Delhi on 19th November, 1986,vide notification No. S.O. 863(E), dater 18th November, 1986, Gazette of India, Extra., Pt. II, Section 3 (ii).
(v) Maharashtra on 1st December, 1986, vide notification No. S.O. 944(E), dated 5th December, 1986, Gazette of India, Extra., Pt. II, Section 3(ii).
(vi) Karnataka on 25th May, 1987, vide notification No. G.S.R. 685(E), dated 15th May, 1987, Gazette of India, Extra., Pt. II, Section 3(i).
(vii) Orissa on 1st May, 1989, vide notification No. S.O. 321(E), dated 27th April, 1989, Gazette of India, Extra, Pt. II, Section 3(ii).
(viii) Kerala on 21st October, 1989, vide notification No. 79/5/86, dated 17th October, 1989, Gazette of India, Extra., Pt. II, Section 1.
(ix) Goa on 16th April, 1990, vide notification No. S.O. 328(E), dated 12th April, 1990, Gazette of India, Extra., Pt. II, Section 3(ii).
(x) Union territory of Pondicherry on 1st May, 1987, vide notification No. G.S.R. 459 (E), dated 29th April, 1987, Gazette of India, Extra, Pt. II, Section 3(i).
(xi) West Bengal on 1st November, 1991, vide notification No. 79/12/86-Jus., dated 1st November, 1991, Gazette of India, Extra., Pt. II, Section 1 (E).
(xii) Assam on 2nd October, 1991, vide notification No. 79/2/86Jus., dated 30th November, 1991, Gazette of India, Extra., Pt. II, Section 1 (E).
(xiii) Bihar on 10th December, 1991, vide notification No. S.O. 838(E), dated 6th December, 1991, Gazette of India, Extra., Pt. II, Section 3(ii).
(xiv) Manipur on 3rd February, 1992, vide notification No. S.O. 91(E), dated 30th January, 1992, Gazette of India, Extra., Pt. II, Section 3(ii).
(xv) Haryana on 2nd November, 1992, vide notification No. S.O. 784(E), dated 23th October, 1992, Gazette of India, Extra., Pt. II, Section 3(i).
(xvi) Andhra Pradesh on 15th February, 1995, vide notification No. S.O. 92(E), dated 6th February, 1995, Gazette of India, Extra.. Part II, Section 3 (ii).
(xvii) Gujarat on 1st January, 2000, vide notification No. S.O. 1268(E), dated 20nd December, 1999, Gazette of India, Extra., Pt. II, Section 3 (ii).
(xviii) Union territory of Daman and Diu on 10th October, 2003, vide notification No. S.O. 1161 (E), dated 14th October, 2003, Gazette of India, Extra., Pt. II, Section 3 (ii).
