In this Act, unless the context otherwise requires,—
(a) “Judge” means the Judge or, as the case may be, the Principal Judge, Additional Principal Judge or other Judge of a Family Court;
(b) “notification” means a notification published in the Official Gazette;
(c) “prescribed” means prescribed by rules made under this Act;
(d) “Family Court” means a Family Court established under section 3;
(e) all other words and expressions used but not defined in this Act and defined in the Code of Civil Procedure, 1908 (5 of 1908) shall have the meanings respectively assigned to them in that Code.
Simplified Explanation
This section provides the definitions of key terms used in the Family Courts Act, 1984. These definitions help to clarify the terminology in the Act, ensuring that there is no ambiguity in its application. Let’s break it down:
(a) “Judge”
- “Judge” means the Judge or, as the case may be, the Principal Judge, Additional Principal Judge or other Judge of a Family Court;
- This defines the term “Judge” as someone holding a judicial position in a Family Court. This includes:
- Principal Judge: The chief judicial officer of the Family Court, who holds the highest position.
- Additional Principal Judge: A supplementary position to assist the Principal Judge.
- Other Judges: This encompasses any other judges working within a Family Court.
- This defines the term “Judge” as someone holding a judicial position in a Family Court. This includes:
The term is crucial as it determines who holds the authority to make decisions in family disputes handled by these courts.
(b) “Notification”
- “Notification” means a notification published in the Official Gazette;
- A notification refers to any official communication issued by the government, which is published in the Official Gazette of India. This could include announcements about the establishment of Family Courts, commencement of the Act, or any updates or amendments made to the law.
(c) “Prescribed”
- “Prescribed” means prescribed by rules made under this Act;
- The term “prescribed” refers to anything that is specified or mandated by the rules formulated under the Family Courts Act. These rules may include procedures, practices, or administrative details necessary for the functioning of the courts.
(d) “Family Court”
- “Family Court” means a Family Court established under section 3;
- A Family Court is defined here as a court that has been set up according to the provisions of Section 3 of the Family Courts Act. Section 3 deals with the establishment of Family Courts, which are specially designed to handle family-related matters, such as divorce, child custody, and maintenance, in a more accessible and less formal setting than traditional civil courts.
(e) Words and expressions not defined in the Family Courts Act
- “All other words and expressions used but not defined in this Act and defined in the Code of Civil Procedure, 1908 (5 of 1908) shall have the meanings respectively assigned to them in that Code.”
- This clause ensures that terms not explicitly defined in the Family Courts Act but defined in the Code of Civil Procedure (CPC), 1908 will have the same meanings ascribed to them in the CPC.
- The CPC is the procedural law for civil courts in India, and this clause helps in aligning the Family Courts Act with the established legal framework under the CPC.
Summary:
Section 2 is a critical section because it clarifies the meaning of essential terms used in the Act. These definitions provide a foundation for understanding how the Family Courts Act should be applied and interpreted in practice.
