Family Courts Act: Section 3 – Establishment of Family Courts

(1) For the purpose of exercising the jurisdiction and powers conferred on a Family Court by this Act, the State Government, after consultation with the High Court, and by notification,—

(a) shall, as soon as may be after the commencement of this Act, established for every area in the State comprising of city or town whose population exceeds one million, a Family Court;

(b) may establish Family Courts for such other areas in the State as it may deem necessary.

(2) The State Government shall, after consultation with the High Court, specify, by notification, the local limits of the area to which the jurisdiction of a Family Court shall extend and may, at any time, increase, reduce or alter such limits.

Simplified Explanation

Section 3 of the Family Courts Act, 1984 deals with the establishment of Family Courts in different regions of India. It outlines the procedure and the criteria for setting up these courts to deal with family-related matters. Here’s a breakdown of the provisions:

Subsection (1): Establishment of Family Courts

This subsection outlines the procedure and the mandatory and discretionary powers of the State Government in setting up Family Courts:

• (a) Mandatory Requirement for Cities or Towns with Population Over One Million:
  • “As soon as may be after the commencement of this Act, the State Government…shall establish for every area in the State comprising of city or town whose population exceeds one million, a Family Court.”
    • Mandatory establishment: The State Government is required to establish a Family Court in every city or town where the population exceeds one million. This provision ensures that larger urban areas, with greater numbers of family disputes, have accessible courts to address such matters.
    • The Family Court must be set up soon after the Act comes into force.
• (b) Discretionary Requirement for Other Areas:
  • “May establish Family Courts for such other areas in the State as it may deem necessary.”
    • This provision gives the State Government the discretion to establish Family Courts in other areas of the state as needed. The government can evaluate which other regions, based on their size, population, or demand, should have a Family Court.

The purpose behind this distinction is to prioritize urban centers with large populations while still allowing the government flexibility to address other areas as required.

Subsection (2): Jurisdiction and Area Limits

This subsection deals with the jurisdiction of Family Courts and the local limits within which these courts can exercise their powers:

• “The State Government shall, after consultation with the High Court, specify, by notification, the local limits of the area to which the jurisdiction of a Family Court shall extend…”
  • The State Government, after consulting the High Court, will determine the geographical boundaries (local limits) within which a Family Court can handle family-related cases.
• Flexibility to Alter Jurisdiction:
  • “…and may, at any time, increase, reduce or alter such limits.”
    • The government has the power to modify these boundaries as necessary, depending on population growth, emerging needs, or judicial convenience. This flexibility allows for the dynamic adjustment of Family Court jurisdiction over time.

Summary:

• Subsection (1) mandates that Family Courts be set up in areas with populations over one million and gives discretion to the State Government to establish them in other areas as needed.
• Subsection (2) allows the State Government, in consultation with the High Court, to define and modify the jurisdictional limits of Family Courts, ensuring adaptability based on evolving needs.