The Family Courts (Amendment) Bill, 2022, is with regards to which of the following states?
Nagaland and Himachal Pradesh
The Family Courts (Amendment) Bill, 2022, is with regards to Himachal Pradesh and Nagaland.
What was the issue?
Under the original Family Courts Act, 1984, state governments have the authority to set up Family Courts to resolve marriage and family disputes swiftly. However, for these courts to be legally operational, the Central Government must officially issue a notification in the gazette extending the Act to those specific states.
While Himachal Pradesh (in 2019) and Nagaland (in 2008) set up functioning Family Courts, the Central Government had inadvertently missed officially notifying the application of the Act to these two states.
Why the Amendment was passed:
Retrospective Validation: Because of the lack of central notification, the legal jurisdiction of these courts was challenged in the Himachal Pradesh High Court, threatening to make all their past decisions void.
The Solution: The 2022 Amendment Bill was passed to retrospectively validate the establishment of Family Courts in Himachal Pradesh (with effect from February 15, 2019) and Nagaland (with effect from September 12, 2008). It legally protects all actions, appointments of judges, and judgments passed by these courts since those dates
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