Correct option is D
The correct answer is (d) 1 million
Explanation:
Under the Family Courts Act, 1984, it is mandatory for the State Government to establish a Family Court in any city or town with a population of 1 million or more. This Act was enacted to provide a specialized judicial mechanism to resolve family-related disputes such as divorce, child custody, and maintenance.
Information Booster:
Establishment of Family Courts (Section 3 of the Family Courts Act, 1984)
According to Section 3, the State government, after consulting with the High Court, is required to establish a family court in areas with a population exceeding 1 million or in areas deemed necessary by the state government.
Appointment of Judges (Section 4)
Section 4 of the Family Courts Act, 1984, grants the state government the power to appoint judges to the family court, after consultation with the High Court. The following qualifications are necessary for the appointment of a judge:
- A minimum of seven years of experience in a judicial office in India or in a post that requires special knowledge of law.
- Alternatively, a minimum of seven years of practice as an advocate in a High Court or multiple courts.
- Other qualifications are prescribed by the Central Government after consulting with the Chief Justice of India.
- The judge must be under the age of 62.
Jurisdiction of the Family Court (Section 7):
- Section 7 gives family courts the same jurisdiction as that of a District Court or Subordinate Civil Court in their respective suits and proceedings.
- It also grants them the authority to exercise the same powers as a Magistrate of the First Class under Chapter IX of the Code of Criminal Procedure (CrPC), which includes jurisdiction over maintenance and other matters prescribed by law.
Types of Cases Heard in Family Courts
- Dissolution of Marriage: Family courts can handle divorce, annulment, and separation cases. They can issue orders related to property, alimony, and child custody while the marriage remains legally intact.
- Child Custody: Family courts have the authority to grant custody of the child to a suitable person and appoint a guardian for a minor.
- Domestic Violence: Family courts can handle cases of domestic violence, providing protection to the victims and issuing relevant orders.
- Maintenance: Family courts have jurisdiction over maintenance claims, including those under Section 125 of the CrPC, which covers the maintenance of wives, children, and parents.
- Property Disputes: Family courts handle disputes related to property ownership and distribution among parties to the marriage.