The provisions of this Act shall have effect notwithstanding anything inconsistent therewith contained in any other law for the time being in force or in any instrument having effect by virtue of any law other than this Act.
Simplified Explanation
Section 20 of the Family Courts Act, 1984 ensures the primacy of the provisions of the Act over any other laws or instruments that may conflict with its provisions. This section emphasizes the overriding effect of the Family Courts Act, stating that its provisions take precedence over any other legal provisions that may be inconsistent with it.
Key Provisions:
- Primacy of the Family Courts Act: The Family Courts Act shall have effect notwithstanding anything inconsistent in any other law or instrument that has legal effect due to another law. In other words, if there is any conflict between the Family Courts Act and other laws (or instruments made under those laws), the provisions of the Family Courts Act will prevail.
- Applicability: This section makes sure that the establishment, functioning, and procedures of Family Courts, as outlined by the Family Courts Act, take precedence in matters related to family law, even if other laws provide different rules or procedures.
Purpose and Impact:
- Consistency in Family Law Matters:
- This provision ensures that Family Courts operate under a unified framework designed specifically for family-related disputes, avoiding confusion or conflicts with other laws. It guarantees that the specialized procedures and mechanisms of the Family Courts Act are consistently applied in family law cases.
- Prevents Conflicts:
- By giving the Family Courts Act overriding effect, this provision helps prevent contradictions or legal disputes arising from the interaction between the Family Courts Act and other laws. Family law matters handled by Family Courts will follow the procedures and rules established by this Act, ensuring uniformity.
- Efficient Justice Delivery:
- The overriding effect of this Act helps ensure that Family Courts can function independently of conflicting provisions in other laws, which can lead to quicker, more efficient resolution of family disputes. It clarifies that matters falling under family law, as defined by this Act, will not be delayed by references to other conflicting legal provisions.
- Centralization of Family Court Jurisdiction:
- The section consolidates the authority of Family Courts in family-related matters, reinforcing their exclusive jurisdiction in certain cases, regardless of other potentially conflicting laws that might apply to civil or criminal cases.
Summary:
Section 20 of the Family Courts Act, 1984 ensures that the provisions of the Act take precedence over any other inconsistent laws or legal instruments. This guarantees the uniform application of the Act’s provisions in family law matters and eliminates any potential legal conflict, ensuring that Family Courts can function effectively and consistently within their defined scope.
