The Family Courts Ordinance 1985:
The Family Courts Ordinance 1985 enacted to provide for the establishment of Family Courts and for matters connected therewith. The establishment of the Family Courts in Bangladesh under this Ordinance is a landmark decision of the Government, which was the long felt demand of the People. Under this Ordinance Family Courts have been established and Government also made necessary Rules for its proper implementation. In this article we will discuss only the important Sections of the said Ordinance.
The Family Courts Ordinance 1985
- Section 3: Ordinance to override other laws
The provisions of this Ordinance shall have effect notwithstanding anything contained in any other law for the time being in force.
- Section 4: Establishment of Family Courts
(1) There shall be as many Family Courts as there are Courts of Assistant Judges.
(2) All Courts of Assistant Judges shall be Family Courts for the purposes of this Ordinance.
(3) All Assistant Judges shall be the Judges of Family Courts.
- Section 5: Jurisdiction of Family Courts
Subject to the provisions of the Muslim Family Laws Ordinance, 1961, a Family Court shall have exclusive jurisdiction to entertain, try and dispose of any suit relating to, or arising out of, all or any of the following matters, namely:-
(a) dissolution of marriage;
(b) restitution of conjugal rights;
(e) guardianship and custody of children.
- Section 6: Institution of Suit
- Section 7: Issue of summons and notice
- Section 8: Written Statement
- Section 9: Consequence of Non-appearance of Parties
- Section 10: Pre-trial proceeding
- Section 11: Trial in camera
- Section 12: Recording of evidence
- Section 13: Conclusion of trial
- Section 14: Compromise decree
- Section 15: Writing of judgment
- Section 16: Enforcement of decrees
- Section 17: Appeal
- Section 18: Power of Family Court to summon witnesses
- Section 19: Contempt of Family Courts
- Section 20: Application and non-application of certain laws
- Section 21: Appearance through agents
- Section 22: Court-fee
- Section 23: Ordinance VIII of 1961 not affected
- Section 24: Family Court deemed to be a District Court for purposes of Act VIII of 1890
- Section 25: Transfer and stay of suits and appeals
- Section 26: Power to make rules
- Section 27: Provisions relating to pending cases