Analysis of the Family Courts Ordinance, 1985, Bangladesh

Introduction
Historical Antecedents
Objectives of the Ordinance
Establishment and Jurisdiction (Sections 4 & 5)
Procedural Aspects (Sections 6-16A)
- Institution of Suit (Section 6)
- Issue of Summons and Notice (Section 7)
- Written Statement (Section 8)
- Consequences of Non-Appearance (Section 9)
- Pre-trial Proceeding (Section 10)
- Trial in Camera (Section 11)
- Recording of Evidence (Section 12)
- Conclusion of Trial (Section 13)
- Compromise Decree (Section 14)
- Writing of Judgment (Section 15)
- Enforcement of Decrees (Section 16)
- Interim Orders (Section 16A)
Appeals (Section 17)
Power to Summon Witnesses (Section 18)
Contempt of Family Courts (Section 19)
Application and Non-Application of Certain Laws (Section 20)
Appearance through Agents (Section 21)
Court-fee (Section 22)
Relationship with Muslim Family Laws Ordinance, 1961 (Section 23)
Relationship with Guardians and Wards Act, 1890 (Section 24)
Transfer and Stay of Suits and Appeals (Section 25)
Power to Make Rules (Section 26)
Provisions Relating to Pending Cases (Section 27)
Relationship with Other Pertinent Laws
Impact and Effectiveness
Subsequent Amendments
Socio-Legal Implications
Recommendations for Reform
Conclusion
Tables
Works Cited

Introduction

Family law constitutes a fundamental pillar of societal organization, establishing the legal framework for interpersonal relationships within domestic spheres. The resolution of disputes arising from these relationships necessitates specialized legal mechanisms that acknowledge their unique emotional and social dimensions. In Bangladesh, the evolution of family law has been marked by a transition from reliance on general civil courts to the establishment of dedicated forums designed to address the intricacies of familial conflicts. The Family Courts Ordinance, promulgated in 1985, represents a significant step in this evolution, aiming to provide a more focused and efficient system for resolving specific types of family disputes. This report undertakes a comprehensive analysis of this Ordinance, exploring its historical antecedents, stated objectives, key provisions, interaction with other pertinent legislation, its impact and effectiveness since enactment, subsequent amendments, and broader socio-legal implications within the Bangladeshi context. The temporary invalidation of the Ordinance by the Appellate Division of the Supreme Court in 2011 and its subsequent re-enactment as an Act of Parliament underscore its enduring importance in the legal landscape of Bangladesh. This analysis seeks to provide a thorough understanding of the Ordinance for academics, legal scholars, policymakers, human rights organizations, and all those interested in the intricacies of family law in Bangladesh.

Historical Antecedents

Prior to the enactment of the Family Courts Ordinance in 1985, the legal framework governing family matters in Bangladesh was primarily rooted in religious personal laws, supplemented by a few specific statutes. For the Muslim population, the Muslim Family Laws Ordinance of 1961 had already established regulations concerning marriage, divorce, and maintenance. Additionally, the Dissolution of Muslim Marriages Act of 1939 provided grounds for Muslim women to seek divorce. Other legislation in force included the Special Marriage Act of 1872, catering to civil marriages outside religious personal laws, the Christian Marriage Act of 1872, and the Guardians and Wards Act of 1890, which offered a general framework for guardianship and custody across religious communities. For the Hindu community, family matters were largely governed by uncodified Hindu laws and prevailing customary practices. This pre-existing legal structure, while encompassing various aspects of family life for different religious groups, suffered from significant issues and gaps. Traditional civil courts, tasked with adjudicating these diverse family disputes, often proved inadequate in providing timely and effective resolutions. Litigants frequently faced protracted delays, procedural complexities, and an often intimidating atmosphere within the regular court system. The absence of a unified approach and the inherent challenges of applying disparate religious laws within a singular court structure further compounded these difficulties. Consequently, there was a growing advocacy for the establishment of a more streamlined and accessible system specifically designed to resolve family matters, particularly with a focus on safeguarding the rights and welfare of women.

Objectives of the Ordinance

The Family Courts Ordinance of 1985 was enacted with several key objectives in mind, primarily aiming to establish a dedicated forum for the expeditious, effective, and amicable resolution of family disputes. The Ordinance sought to create a more conducive environment for addressing sensitive family issues, including the provision for trials to be held in camera if necessary to ensure secrecy and confidentiality. A significant goal was to alleviate the burden on ordinary civil courts by transferring family-related litigation to these specialized courts, thereby contributing to a reduction in the overall backlog of cases. Furthermore, the Ordinance was expected to play a crucial role in ensuring justice for women and addressing prevailing gender-biased laws and social practices. To facilitate amicable settlements, the Ordinance placed a strong emphasis on mediation and conciliation as primary methods for resolving disputes before resorting to formal adjudication. The necessity for such an Ordinance stemmed from the recognized limitations of the pre-existing legal framework in effectively dealing with the unique challenges posed by family disputes. There was a clear need for a local and distinct legal system capable of delivering swift resolutions in these sensitive matters. The Ordinance aimed to establish a permanent and independent judicial mechanism dedicated to the quick, inexpensive, and effective resolution of family affairs for all citizens.

Establishment and Jurisdiction (Sections 4 & 5)

The Family Courts Ordinance, 1985, outlines the establishment and jurisdiction of these specialized courts in Sections 4 and 5. Section 4 stipulates that Family Courts are to be established at the level of the Courts of Assistant Judges, and all Assistant Judges are designated as Judges of the Family Courts. It is important to note that the term "Assistant Judges" was substituted for the earlier designation "Munsifs" through the Family Courts (Amendment) Act of 1989. Section 5 delineates the exclusive jurisdiction of these Family Courts, granting them the authority to entertain, try, and dispose of any suit relating to or arising out of matters dren. However, this exclusive jurisdiction is explicitly stated to be subject to the provisions of the Muslim Family Laws Ordinance, 1961. Despite the reference to the Muslim Family Laws Ordinance, court decisions have clarified that the Family Courts Ordinance applies to all citizens of Bangladesh, irrespective of their religious affiliation. The High Court Division has consistently maintained this stance, affirming that the jurisdiction of the Family Court is available to litigants of all faiths.

Procedural Aspects (Sections 6-16A)

Sections 6 through 16A of the Ordinance detail the procedural aspects of the Family Courts.

Institution of Suit (Section 6)

Section 6 outlines the process for instituting a suit, requiring the presentation of a plaint to the Family Court within whose local jurisdiction the cause of action wholly or partly arose, or where the parties reside or last resided together. A special provision allows a wife to institute suits for dissolution of marriage, dower, or maintenance in the court within whose jurisdiction she ordinarily resides. If a plaint is presented to a court lacking jurisdiction, it is to be returned for presentation to the appropriate court, with an endorsement detailing the reasons for its return. The plaint must contain all material facts related to the dispute, a schedule of intended witnesses, and specific particulars such as the names and addresses of the parties, the facts constituting the cause of action, the place and date it arose, the facts establishing the court's jurisdiction, and the relief sought by the plaintiff. The plaintiff is required to produce any documents relied upon as evidence at the time of presenting the plaint, along with true or photostat copies, and to enter such documents in a list annexed to the plaint, a requirement inserted by the 1989 Amendment Act. The plaint must be accompanied by twice as many true copies as there are defendants for service upon them. A plaint can be rejected if it is not accompanied by the necessary copies, if the cost of service of summons and postal charges are not paid, or if the required fees are not paid at the time of presentation. Failure to produce a document or enter it in the list at the time of plaint presentation will result in it not being received in evidence without the court's leave, granted only in exceptional circumstances. The 1989 Amendment Act omitted the requirement for "a brief summary of the facts to which they would depose" in the plaint and added sub-sections (8) and (9) regarding plaint rejection and non-admissibility of evidence.

Issue of Summons and Notice (Section 7)

Section 7 outlines the procedure for the issue of summons and notice. Upon presentation of a plaint, the Family Court fixes a date for the defendant's appearance, ordinarily within thirty days, issues a summons to the defendant to appear and answer the claim, and sends a notice of the suit by registered post with acknowledgement due. Every summons and notice must be accompanied by a copy of the plaint and copies of the list of documents referred to in Section 6(5) and 6(6), a provision substituted by the 1989 Amendment Act. The service of summons is governed by specific rules of Order V of the Code of Civil Procedure, including rules 9, 10, 11, 16, 17, 18, 19, 19A, 20 (inserted by the 1989 Amendment Act), 21, 23, 24, 26, 27, 28, and 29. A notice sent by registered post is deemed duly served when the acknowledgement signed by the defendant is received by the court, or if the postal article is returned with an endorsement indicating refusal to take delivery. The plaintiff is responsible for paying the cost of service of summons and the postal charges for the notice at the time of presenting the plaint.

Written Statement (Section 8)

Section 8 pertains to the written statement. On the date fixed for appearance, both the plaintiff and the defendant must appear before the Family Court, and the defendant is required to present a written statement of their defense. The court may, upon the defendant's request and for good cause, grant an extension of time not exceeding twenty-one days for submitting the written statement, a proviso added by the 1989 Amendment Act. Similar to the plaint, the written statement must include a schedule of intended witnesses. The defendant must also produce any documents relied upon as evidence with the written statement, along with copies, and enter them in a list annexed to it, a requirement inserted by the 1989 Amendment Act. The defendant is required to submit twice as many true copies of the written statement, including the schedule and lists of documents, as there are plaintiffs in the suit, a provision substituted by the 1989 Amendment Act. Copies of the written statement and accompanying documents must be provided to the plaintiff or their agent or advocate present in court. Failure to produce or list documents with the written statement at the time of presentation will result in their non-admissibility as evidence without the court's leave, granted only in exceptional circumstances, a sub-section added by the 1989 Amendment Act. The 1989 Amendment Act also omitted the requirement for "a brief summary of the facts to which they would depose" in the written statement.

Consequences of Non-Appearance (Section 9)

Section 9 outlines the consequences of non-appearance by the parties. If neither party appears on the fixed date, the court may dismiss the suit. If the plaintiff appears but the defendant does not, the court may proceed ex parte if due service of summons or notice is proved; if not proved, fresh summons and notice will be issued; and if service was in insufficient time, the hearing will be postponed for a period not exceeding twenty-one days, a limit inserted by the 1989 Amendment Act. A defendant whose ex parte hearing was adjourned can be heard if they appear before or at the hearing and provide good cause for their previous non-appearance. If the defendant appears but the plaintiff does not, the court will dismiss the suit unless the defendant admits the claim, in which case a decree will be passed accordingly. A plaintiff whose suit is dismissed for non-appearance can apply to the court within thirty days to set aside the dismissal by showing sufficient cause. Similarly, a defendant against whom an ex parte decree is passed can apply within thirty days to set it aside by satisfying the court of sufficient cause for their absence. The provisions of Section 5 of the Limitation Act, 1908, apply to applications for setting aside ex parte decrees.

Pre-trial Proceeding (Section 10)

Section 10 mandates a pre-trial proceeding, where the Family Court, after the filing of the written statement, fixes a date for a hearing, ordinarily within thirty days. The court examines the plaint, written statement, and filed documents, and may also hear the parties. The primary objective of this hearing is to ascertain the points at issue and to attempt to effect a compromise or reconciliation between the parties if possible. If no compromise or reconciliation is achieved, the court frames the issues in the suit and fixes a date for recording evidence, ordinarily within thirty days, a time limit inserted by the 1989 Amendment Act. The 1989 Amendment Act omitted the words "(if any) and the summary of evidence" from the description of documents examined by the court during the pre-trial hearing.

Trial in Camera (Section 11)

Section 11 grants the Family Court the discretion to hold the whole or any part of the proceedings in camera if it deems fit, and mandates doing so if both parties to the suit request it.

Recording of Evidence (Section 12)

Section 12 details the recording of evidence. On the date fixed, the Family Court examines the witnesses produced by the parties in such order as it deems fit. The court will not issue summons for a party's witness unless the party intimates the court within three days of issue framing and the court is satisfied that the party cannot produce the witness. Witnesses give evidence in their own words and are subject to cross-examination and re-examination. The court has the power to forbid any question it deems indecent, scandalous, frivolous, or intended to insult or annoy. The court may also put questions to any witness for clarification of material points. Evidence can be given by affidavit with the court's permission, and the court can call such a witness for examination if deemed fit. The presiding Judge records the evidence in writing in the language of the court, signs it, and if the evidence is given in another language, an authenticated translation forms part of the record. The recorded evidence is read over to the witness for correction, and if the witness disputes its correctness, the Judge may make a memorandum of the objection instead of correcting it. If the evidence is taken down in a language the witness does not understand, it must be interpreted to them.

Conclusion of Trial (Section 13)

Section 13 concerns the conclusion of the trial. After all parties have presented their evidence, the Family Court is obligated to make another attempt to effect a compromise or reconciliation. If such compromise or reconciliation is not possible, the court pronounces judgment, and a decree follows either immediately or on a future day not beyond seven days, with due notice given to the parties or their representatives, a provision amended by the 1989 Amendment Act.

Compromise Decree (Section 14)

Section 14 stipulates that where a dispute is settled by compromise or conciliation, the court will pass a decree or give a decision in the suit in accordance with the terms of the settlement.

Writing of Judgment (Section 15)

Section 15 details the writing of judgment, requiring every judgment or order to be written by the presiding Judge or from their dictation in the language of the court, dated, and signed in open court at the time of pronouncement. Appealable judgments and orders must contain the point for determination, the decision thereon, and the reasons for the decision.

Enforcement of Decrees (Section 16)

Section 16 addresses the enforcement of decrees. A Family Court passes a decree in a prescribed form and manner, with its particulars entered in a register. If any money is paid or property delivered in the court's presence in satisfaction of the decree, this fact is recorded in the register. For money decrees not paid within the specified time, the decree can be executed as a money decree of a Civil Court or as an order for payment of fine by a Magistrate, upon the decree-holder's prayer within one year of the expiry of the specified time, with the recovered amount paid to the decree-holder. For this purpose, the Family Court is deemed to have all the powers of a Civil Court or a Magistrate of the first class. Decrees not relating to money payment are executed as decrees other than for money of a Civil Court. The decree can be executed by the Family Court that passed it or by another Family Court to which it is transferred. The court may also direct that money payable under a decree be paid in installments. Sub-sections (3) and (4) of Section 16 were substituted by the 1989 Amendment Act.

Interim Orders (Section 16A)

Section 16A, inserted by the 1989 Amendment Act, empowers the Family Court to make interim orders at any stage of a suit if satisfied by affidavit or otherwise that immediate action is needed to prevent any party from frustrating the purpose of the suit.

Appeals (Section 17)

Section 17 governs appeals from the Family Court. Subject to sub-section (2), an appeal lies from a judgment, decree, or order of a Family Court to the Court of District Judge. However, no appeal is permitted from a decree passed by a Family Court for dissolution of marriage, except in cases of dissolution for reasons specified in Section 2(viii)(d) of the Dissolution of Muslim Marriages Act, 1939, or for dower not exceeding five thousand taka. An appeal must be preferred within thirty days of the passing of the judgment, decree, or order, excluding the time required for obtaining copies, although the Court of District Judge may extend this period for sufficient cause. An appeal must be in writing, set out the grounds for challenge, contain the names, descriptions, and addresses of the parties, and bear the signature of the appellant, accompanied by a certified copy of the judgment, decree, or order appealed from. Any order passed by the Court of District Judge is to be communicated to the Family Court, which will modify or amend its judgment, decree, or order accordingly and make necessary entries in the register of decrees. The District Judge has the authority to transfer an appeal to the Court of an Additional District Judge or a Joint District Judge for hearing and disposal and may also withdraw any such appeal , a provision added by the 1989 Amendment Act.

Power to Summon Witnesses (Section 18)

Section 18 grants the Family Court the power to summon any person to appear and give evidence or produce documents, with provisos exempting those exempt from personal appearance under Section 133(1) of the Code and allowing the court to refuse or enforce summons if attendance cannot be procured without unreasonable delay, expense, or inconvenience. Willful disobedience of such summons can be penalized by the court with a fine not exceeding one hundred taka.

Contempt of Family Courts (Section 19)

Section 19 defines contempt of the Family Court to include insulting the court, causing interruption, refusing to answer lawful questions, or refusing to take oath or sign statements, empowering the Family Court to forthwith try and sentence such a person to a fine not exceeding two hundred taka.

Application and Non-Application of Certain Laws (Section 20)

Section 20 outlines the application and non-application of certain laws to Family Court proceedings. Except as expressly provided, the provisions of the Evidence Act, 1872, and the Code of Civil Procedure, 1908 (excluding Sections 10 and 11), are not applicable. However, the Oaths Act, 1873, applies to all proceedings before Family Courts.

Appearance through Agents (Section 21)

Section 21 allows a pardahnashin lady, if required to appear before a Family Court otherwise than as a witness, to be represented by a duly authorized agent.

Court-fee (Section 22)

Section 22 specifies a fixed court-fee of twenty-five taka for any plaint presented to a Family Court.

Relationship with Muslim Family Laws Ordinance, 1961 (Section 23)

Section 23 clarifies that nothing in the Ordinance affects the provisions of the Muslim Family Laws Ordinance, 1961, or its rules. It also details the procedure for the Family Court to send a certified copy of a decree for dissolution of a marriage solemnized under Muslim Law to the appropriate Chairman, who will then proceed as if they had received an intimation of talaq under the said Ordinance. A decree for dissolution of a Muslim marriage passed by a Family Court does not become effective until ninety days from the Chairman's receipt of the copy, and is of no effect if reconciliation occurs within that period according to the provisions of the Muslim Family Laws Ordinance, 1961.

Relationship with Guardians and Wards Act, 1890 (Section 24)

Section 24 states that a Family Court is deemed to be a District Court for the purposes of the Guardians and Wards Act, 1890, and will follow the procedure specified in that Act when dealing with matters under it. Appeals from orders made by a Family Court as a District Court under the Guardians and Wards Act, 1890, lie to the Court of District Judge, and the provisions of Section 17 of the Family Courts Ordinance apply to such appeals.

Transfer and Stay of Suits and Appeals (Section 25)

Section 25 addresses the transfer and stay of suits and appeals. The High Court Division is empowered to transfer any suit under the Ordinance from one Family Court to another within the same or different districts, and to transfer appeals from one District Judge's court to another. A District Judge has the authority to transfer suits between Family Courts within their local jurisdiction and to transfer appeals pending before them to any Court of Additional District Judge or Joint District Judge under their administrative control, and may also retransfer such appeals. Courts to which suits or appeals are transferred have the jurisdiction to dispose of them as if they were originally instituted there, with a provision against commencing proceedings de novo unless directed otherwise by the Judge for recorded reasons. A District Judge may stay any suit pending before a Family Court within their jurisdiction, and the High Court Division may stay any suit or appeal pending before any Family Court or Court of District Judge.

Power to Make Rules (Section 26)

Section 26 grants the Government the power to make rules for carrying out the purposes of the Ordinance through notification in the official Gazette.

Provisions Relating to Pending Cases (Section 27)

Section 27 addresses provisions relating to pending cases, stating that all suits, appeals, and other legal proceedings related to matters specified in Section 5 that were pending in any court immediately before the commencement of the Ordinance will continue in the same court and be heard and disposed of as if the Ordinance had not been made.

Relationship with Other Pertinent Laws

The Family Courts Ordinance, 1985, maintains a specific relationship with other pertinent laws, most notably the Muslim Family Laws Ordinance, 1961, and the Guardians and Wards Act, 1890. Section 5 of the Family Courts Ordinance explicitly states that its jurisdiction is subject to the provisions of the Muslim Family Laws Ordinance, 1961. This indicates that in matters specifically governed by Muslim personal law, the stipulations of the 1961 Ordinance will be taken into account by the Family Courts. Section 23 of the Family Courts Ordinance further elaborates on this interaction, particularly concerning decrees for the dissolution of marriage under Muslim Law and their conditions for effectiveness. Despite this subordination in specific areas, the High Court Division has generally interpreted the Family Courts Ordinance as having overriding effect over other laws, including the Muslim Family Laws Ordinance, in matters falling under its exclusive jurisdiction. The relationship with the Guardians and Wards Act, 1890, is defined in Section 24 of the Family Courts Ordinance, which deems the Family Court to be a District Court for the purposes of the 1890 Act. This provision aims to consolidate jurisdiction over matters concerning children within the Family Court system. While the Family Court follows the procedural guidelines of the Guardians and Wards Act for these specific matters, appeals from orders made under this Act lie to the Court of District Judge as per Section 17 of the Family Courts Ordinance. The Family Courts also exercise jurisdiction over matters related to other personal laws based on religion, such as the Dissolution of Muslim Marriages Act, 1939, which provides specific grounds for divorce for Muslim women. Furthermore, the High Court Division has clarified that the Family Courts' jurisdiction extends to litigants of all faiths, including Hindus and Christians, in matters falling under the purview of Section 5 of the Ordinance, although the applicability of specific provisions like dower might vary based on their respective personal laws.

Impact and Effectiveness

The Family Courts Ordinance, 1985, aimed to achieve several objectives, including the swift and amicable resolution of family disputes. While the establishment of these specialized courts was a significant step, their effectiveness in fully realizing these goals has been subject to various evaluations. While some sources suggest that the Ordinance has contributed to quicker resolutions and provided a more suitable environment for sensitive family matters , others point to persistent challenges that have hindered its full effectiveness. The Ordinance's strengths include its emphasis on mediation and conciliation, the option for in camera trials, and a simplified procedure compared to the Code of Civil Procedure. However, numerous weaknesses and challenges in implementation have been noted, including a lack of separate infrastructure and dedicated judges for Family Courts, which has contributed to a continued backlog of cases. Difficulties in enforcing court orders and decrees, ongoing debates and confusions regarding the Ordinance's applicability to all religious communities, the limited jurisdiction of Family Courts excluding crucial matters like marriage validation and inheritance, the nominal court fee, the inadequate fine for contempt of court, and the absence of inherent powers of the Family Court have also been identified as significant drawbacks.

Subsequent Amendments

The Family Courts Ordinance, 1985, has undergone amendments since its initial promulgation. The Family Courts (Amendment) Act of 1989 introduced several key changes to the Ordinance. These amendments included the substitution of "Assistant Judges" for "Munsifs" , modifications to the requirements and procedures related to the plaint and written statement, such as the omission of the need for a summary of facts and the inclusion of a list of documents , and changes in the process of issuing summons and notice. The 1989 Act also introduced a time limit for postponing hearings due to insufficient service , omitted the summary of evidence in pre-trial proceedings , specified a time limit for fixing the date for recording evidence , and amended the provisions regarding the timing of judgment pronouncement. Furthermore, it substituted the provisions related to the enforcement of decrees , inserted Section 16A concerning interim orders , and added a provision allowing the District Judge to transfer appeals. Notably, the Appellate Division of the Supreme Court declared the Family Courts Ordinance, 1985, void in Civil Appeal No. 48 of 2011 because it was promulgated during a period of martial law, which was subsequently deemed unconstitutional. However, the Ordinance was later made effective as an Act of Parliament through the "৮২ সনের ২৪ মার্চ হইতে ১৯৮৬ সালের ১১ নভেম্বর তারিখ পর্যন্ত সময়ের মধ্যে জারীকৃত কতিপয় অধ্যাদেশ কার্যকরণ (বিশেষ বিধান) আইন, ২০১৩" (Act No. 07 of 2013), धारा 4. It is also important to note the recent enactment of the Family Courts Act 2023, which repeals the 1985 Ordinance, signaling a new phase in the legal framework for family dispute resolution in Bangladesh.

Socio-Legal Implications

The Family Courts Ordinance, 1985, has had a considerable socio-legal impact in Bangladesh by establishing a specialized forum for resolving family disputes. This has potentially led to a more sensitive and appropriate handling of these often emotionally charged cases. The Ordinance has played a role in providing a forum for women to seek justice, particularly in matters of divorce, maintenance, and child custody. However, challenges persist in ensuring access to these courts for all, especially marginalized communities. Implementation challenges have included procedural issues, a lack of adequate resources, and various societal factors. These include the lack of separate infrastructure and judges, continued backlogs, and difficulties in enforcing court orders. The debate surrounding the Ordinance's applicability to all religious communities also indicates a need for greater clarity and awareness. Furthermore, the limited jurisdiction of Family Courts, excluding matters like marriage validation and inheritance, poses a challenge for comprehensive resolution of family disputes. Alternative Dispute Resolution (ADR) mechanisms within the Family Court system have shown promise in encouraging amicable resolutions and preserving relationships , but their effectiveness can be further enhanced. Organizations like Bangladesh Legal Aid and Services Trust (BLAST) and Ain o Salish Kendra (ASK) have played a crucial role in providing legal aid and advocating for reforms to improve access to justice within the Family Court system.

Recommendations for Reform

Based on the analysis of the Family Courts Ordinance, 1985, its impact, and the challenges encountered in its implementation, several recommendations for reform can be proposed. Addressing the infrastructural limitations and the shortage of dedicated judges for Family Courts is crucial to improving their efficiency and reducing case backlogs. Implementing measures to further streamline the judicial process and reduce delays is also essential. Strategies for more effective enforcement of court orders and decrees need to be developed and implemented to ensure that litigants receive timely relief. Legislative amendments could be considered to clarify and potentially expand the jurisdiction of Family Courts to include other pertinent family matters currently excluded, such as marriage validation, adoption, and inheritance, to provide a more comprehensive approach to family law. A review of the court fee structure and the penalty for contempt of court may also be warranted. Exploring the possibility of granting inherent powers to Family Courts could enhance their ability to deliver justice in complex situations. Strengthening and expanding the role of ADR mechanisms within the Family Court system, including at the appellate stage, could further promote amicable resolutions and reduce the burden on the courts. Finally, efforts to increase public awareness and legal literacy regarding family laws and the functioning of Family Courts are crucial to ensuring that all citizens can effectively access this system. Given the recent enactment of the Family Courts Act 2023, these recommendations should be considered in the context of this new legislation to ensure a more effective and just system for family dispute resolution in Bangladesh.

Conclusion

In conclusion, the Family Courts Ordinance, 1985, represented a significant step towards establishing a specialized legal framework for addressing family disputes in Bangladesh. By creating dedicated courts and emphasizing conciliation, the Ordinance aimed to provide a more accessible, speedy, and sensitive system compared to the traditional civil courts. While it has had a notable social impact and facilitated access to justice for many, particularly women, its effectiveness has been tempered by persistent challenges in implementation, including infrastructural limitations, case backlogs, and jurisdictional constraints. The subsequent amendments and the recent enactment of the Family Courts Act 2023 reflect an ongoing effort to refine and improve the legal framework for family dispute resolution in Bangladesh. Continued reforms addressing the identified shortcomings are essential to ensure that the promise of accessible, speedy, and just resolution of family disputes becomes a reality for all citizens.

Tables

Table 1: Key Provisions of the Family Courts Ordinance, 1985
Section Number	Subject Matter	Key Details
4	Establishment of Family Courts	Courts at the level of Assistant Judges; Assistant Judges serve as Judges of the Family Courts.
5	Jurisdiction of Family Courts	Exclusive jurisdiction over dissolution of marriage, restitution of conjugal rights, dower, maintenance, guardianship and custody of children, subject to Muslim Family Laws Ordinance, 1961; Applicability to all citizens irrespective of religion.
6	Institution of Suit	Filing of plaint based on cause of action or residence; Special provision for wife's residence; Procedure for returning plaints; Mandatory contents of plaint; Rules for production of documents; Multiple copies required; Grounds for rejection; Consequences of not producing/listing documents.
7	Issue of Summons and Notice	Fixing appearance date; Issuance of summons and notice by registered post; Accompanying documents; Service of summons as per CPC Order V; Deemed service of notice; Plaintiff to pay costs.
8	Written Statement	Defendant to present written statement; Extension of time (max 21 days); Schedule of witnesses required; Rules for production of documents; Multiple copies required; Copies to be given to plaintiff; Consequences of not producing/listing documents.
9	Consequence of Non-Appearance	Dismissal for absence of both parties; Procedures for plaintiff's or defendant's absence; Conditions for hearing defendant after ex parte adjournment; Setting aside dismissal/ex parte decree (within 30 days, showing sufficient cause); Limitation Act applies to setting aside ex parte decree.
10	Pre-trial Proceeding	Fixing date (ordinarily within 30 days); Examination of plaint, statement, documents; Attempt at compromise/reconciliation; Framing issues and fixing date for recording evidence (ordinarily within 30 days).
11	Trial in Camera	Court's discretion; Mandatory if both parties request.
12	Recording of Evidence	Examination of witnesses; Limitations on court summoning witnesses; Evidence in own words, cross/re-examination allowed; Court's power to forbid questions; Court's right to put questions; Evidence by affidavit; Recording in writing by Judge, signing, handling different languages; Reading over and correcting evidence; Handling witness objections; Interpretation if language difference.
13	Conclusion of Trial	Another effort for compromise/reconciliation; Pronouncement of judgment and decree (at once or within 7 days with notice).
14	Compromise Decree	Decree/decision based on compromise or conciliation.
15	Writing of Judgment	By presiding Judge, in court language, dated and signed in open court; Appealable judgments/orders to contain points for determination, decision, and reasons.
16	Enforcement of Decrees	Decree in prescribed form, particulars in register; Recording of payment/delivery in register; Procedures for executing money decrees; Deemed powers of Family Court as Civil Court/Magistrate; Execution of non-money decrees; Execution by passing court or transferred court; Installment payments may be directed.
16A	Interim Orders	Court's power to make interim orders to prevent frustrating suit's purpose.
17	Appeal	To Court of District Judge (subject to exceptions); No appeal for dissolution (except specific grounds) or dower ≤ 5000 taka; Time limit 30 days (excluding time for copies), extension possible; Form and content of appeal; Communication of District Judge's order to Family Court; District Judge's power to transfer appeals.
18	Power of Family Court to Summon Witnesses	Authority to summon for evidence or document production; Exemptions and court's discretion; Penalties for disobedience (fine ≤ 100 taka).
19	Contempt of Family Courts	Actions constituting contempt; Court's power to try and sentence (fine ≤ 200 taka).
20	Application and Non-Application of Certain Laws	Evidence Act and CPC (except Sections 10 & 11) generally not applicable; Oaths Act applies.
21	Appearance through Agents	Allowed for pardahnashin ladies.
22	Court-fee	Fixed at twenty-five taka for any suit.
23	Ordinance VIII of 1961 not affected	Provisions of Muslim Family Laws Ordinance, 1961, remain unaffected; Procedure for dissolution decree under Muslim Law.
24	Family Court deemed to be a District Court for purposes of Act VIII of 1890	For Guardians and Wards Act matters, Family Court acts as District Court, following its procedure; Appeals lie to District Judge under Section 17 of Family Courts Ordinance.
25	Transfer and stay of suits and appeals	Powers of High Court Division and District Judge to transfer and stay proceedings.
26	Power to make rules	Government's authority to make rules.
27	Provisions relating to pending cases	Existing cases to continue in the same court.

Table 2: Comparison of Family Law Framework Pre- and Post-1985
Aspect	Pre-1985	Post-1985 (Family Courts Ordinance)
Forum for Dispute Resolution	Ordinary Civil Courts	Specialized Family Courts
Focus	General Civil Matters	Family Disputes (dissolution, restitution, dower, maintenance, custody)
Procedure	Code of Civil Procedure	Simplified procedure (some CPC provisions excluded)
Emphasis	Adjudication	Compromise/Reconciliation encouraged
Expertise	General Civil Law Judges	Assistant Judges (no specific expertise mandated initially)
Accessibility	Potentially intimidating, delays	Aimed at being more accessible and quicker

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