Family Courts, Bangladesh

Foundation of Family Courts was an sophisticated legal thought and  an acknowledgement that our traditional civil courts had failed to successfully deal with the suits relating to family affairs.  Family Courts were established by the Family Courts Ordinance 1985 to serve the purpose of quick,  effective and amicable disposal of some of the family matters.
By the Family Courts Ordinance 1985,  the Family Courts exercise exclusive jurisdiction for expeditious settlement and disposal of disputes in al suits relating to

1.Dissolution of marriage, 

 2.Restitution of conjugal rights, 

3.Dower, 

4.Maintenance, 

5.Guardianship and custody of chidden.

Though it can be used all over the Bangladesh but it does not extend to the hill districts of Rangamati,  Bandarban and Khagrachhari.  The fact is that initially the hill districts used to be governed by Hill Districts Regulation of 1900 and it was repealed in 1983 but as no new law has been introduced for administering the area,  as per provisions of the General Causes Act,  the repealed law is still in force and

Hill Districts Regulation is still continuing,  resulting in exclusion  of Family Courts there.  This does not mean that tribal people cannot take recourse to a Family Court.  The suits among aboriginal or Adivasi or tribal people can be tried by a Fa

mily Court if they reside within the local hits territorial jurisdiction o a Family Court.
The necessity of camera trial is undeniable for maintaining secrecy of disputes between the married couples,  avoiding publicity in the matter and expediting the disposal of the family court cases in an amicable way Expectantly,  the Family Courts Ordinance under section 11 provide the procedure for trial of cases in camera if requested by the parties to the suits.

Legal position was clarified long ago,  a considerable portion lawyers,  think that there are  options for claiming custody of children,  dower and maintenance of wives,  that is,  for custody of children and dower money and maintenance one can bring a suit under section 100 nd 488 of Crpc. In Section 20(1)  of the ordinance has expressed that the provisions the Code except sections 10 and 11 shall not apply to the proceedings before the Family Courts,  unless expressly provided by or under this ordinance and the Supreme Court in different suits at different times has expressed different opinions whether or how much of the Code

At the commencement of the ordinance,  no provision for interim or interlocutory order by the Courts.  Though the necessity of inclusion of such provision in the Ordinance was felt from the very beginnings,  the Family Courts have run without the same for around four years.  It was only in 1998 when the Supreme Court was to decide for the first time on the issue in Moqbul Ahmed vs sifia Khatun and others40. Thought family court is great for solving family matters. But confusions, uncertainties, misconception etc are thwarting Family Courts and should not be allowed to run anymore. And we should take necessary for removes these problem