Sub: Family Courts Act., 1984 and the rules framed thereunder.

In 1984, the Parliament enacted the Family Courts Act (66 of 1984) ("The Act"). The Act was intended to provide for the establishment of Family Courts with a view to permit conciliation in, and to secure speedy settlement of, disputes relating to marriage and family affairs and for matters connected therewith. The Act extends to the whole of India except the State of Jammu & Kashmir.

Sub-Section 1 of Section 4 provides that the State Government may, with the concurrence of the High Court, appoint one or more persons to be a Judge or Judges of the Family Court.

Sub-Section 3 of Section 4 provides qualifications for appointment as a Judge of the Family Court.

Sub-Section 6 of Section 4 provides that the Judge of the Family Court shall be entitled to salary or honorarium and other allowances as per the terms and conditions of service prescribed by the State Government.

Section 2(c) defines "prescribed" to mean prescribed by rules made under the Act.

Section 23 of the Act provides power to the State Governments to make rules regarding terms and conditions regulating recruitment of a Judge of the Family Court.

In exercise of the powers conferred under Section 23, different State Governments have made different rules of recruitment and conditions of service of a Judge of the Family Court. Some States have made the rules for appointment of such Judges by deputation or transfer from the regular cadre of District Judges, while a few other States have made rules for direct recruitment of Advocates and other eligible persons for a term of five years.

State Government of Uttar Pradesh have made the rules for direct recruitment or deputation from the Judicial Service of the State.

Manipur State made the rules providing only for deputation from Grade-I Judges of their Judicial Service.

The rules framed by Maharashtra Government provide for appointment of a Family Court Judge by transfer from the regular cadre of District Judge or by nomination from candidates who have at least 7 years experience as Judicial Officers in the country or as an Advocate of seven years standing.

The rules framed by Assam Government provide that the Judge of a Family Court shall be by selection from Grade-I District Judges of the Assam Judicial Service.

The rules framed by Orissa State provide that a Family Court Judge shall hold office for a term of at least five years.

The rules framed by Karnataka and Tamil Nadu Governments provide for a term appointment upto five years or until he attains the age of 62 years, whichever is earlier. These rules also provide that a Family Court Judge shall not be entitled to pension for the service rendered by him in the Family Court, though similar inhibition has not been imposed if a Judge is an Officer of the State Government on deputation to the Family Court.

It may be of importance to note that Family Court Judges have same jurisdiction and they perform similar functions in every State / Union Territory. They form an integral part of the Subordinate Judiciary. But they do not enjoy the uniform service conditions.

The Commission has received representations from certain Judges of the Family Courts complaining that their direct appointment for a fixed term of five years with no security of tenure would be causing great injustice to incumbents besides being an impairment of independence of the Judiciary.

The Commission has also received information that Advocates who are directly recruited as Judges of the Family Courts, after their term, renew their legal practice in the very Court in which they served as Family Court Judges.

To obviate all these anomalies, the Commission proposes to recommend uniform rules of recruitment, service conditions, pay and allowances etc., for Family Court Judges in all States and Union Territories of the country.

In the meantime, the State Governments and Union Territories who have recruited Judges to Family Courts for a fixed term are requested not to discontinue such Judges after their term of appointment unless they attain the age of 62 years.

The Chief Secretaries of all the States,

The Administrators of all the Union Territories.

The Registrars of all the High Courts.