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Whether Provisions Of 'Family Courts Act' Have Been Made Applicable In Himachal Pradesh?: High Court Asks Centre

Sparsh Upadhyay
2 Dec 2021 8:16 AM GMT
Whether Provisions Of Family Courts Act Have Been Made Applicable In Himachal Pradesh?: High Court Asks Centre
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The Himachal Pradesh High Court this week asked the Central Government as to whether the provisions of Family Courts Act 1984 have been made applicable by way of issuance of a statutory notification vis-à-vis the State of Himachal Pradesh or not.Essentially, the Bench of Justice Ajay Mohan Goel was hearing a criminal revision plea when the counsel for the petitioner drew...

The Himachal Pradesh High Court this week asked the Central Government as to whether the provisions of Family Courts Act 1984 have been made applicable by way of issuance of a statutory notification vis-à-vis the State of Himachal Pradesh or not.

Essentially, the Bench of Justice Ajay Mohan Goel was hearing a criminal revision plea when the counsel for the petitioner drew court's attention to Section 1 of the Family Courts Act, 1984, and on the strength of sub­section (3), he submitted that the Central Government had not issued any Notification so as to bring into force this Act in the State of Himachal Pradesh.

Importantly, sub-section (3) to Section (1) of the Act states that the Act shall come into force on such date as the Central Government may, by notification in the Official Gazette, appoint, and different dates may be appointed for different States.

The counsel argued that such notification as was required to be issued had not been issued by the Central Government and therefore, as per him, the Family Courts which are functioning in the State of Himachal Pradesh are functioning without jurisdiction.

Against this backdrop, terming the issue raised in the plea by the petitioner as an extremely important and serious one and taking into consideration the larger ramifications which any adjudication in this petition may have, the Court impleaded the Registrar General of the High Court of Himachal Pradesh as a respondent party in the matter.

Further, the Court also called upon the Additional Advocate General and Registrar General of the High Court to inform, as to whether any Notification has been issued by the Central Government, bringing into force the Family Courts Act, 1984 in the State of Himachal Pradesh or not.

Importantly, on the request of the Advocate General of the State, the Court also impleaded Union of India, through Secretary, Ministry of Social Justice and Empowerment, Government of India as a party in the instant petition, and the ASGI was asked to get instructions with regard to the following question:

"Whether the provisions of Family Courts Act 1984 have been made applicable by way of issuance of a statutory notification vis-à-vis the State of Himachal Pradesh or not"

The court has listed the matter for further hearing on December 15.

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