Family Courts Act, 1984
4. Appointment of Judges
(1) The State Government may, with the
concurrence of the High Court, appoint one or more persons to be the Judge or
Judges of a Family Court.
(2) When a Family Court consists of more than
one Judge,-
(a) each of the Judges
may exercise all or any of the powers conferred on the Court by this Act or any
other law for the time being in force;
(b) the State Government
may, with the concurrence of the High Court, appoint any of the Judges to be
the Principal Judge and any other Judge to be the Additional Principal Judge;
(c) the Principal
Judge may, from time to time, make such arrangements as he may deem fit for the
distribution of the business of the Court among the various Judges thereof;
(d) the Additional
Principal Judge may exercise the powers of the Principal Judge in the event of
any vacancy in the office of the Principal Judge or when the Principal Judge is
unable to discharge his functions owing to absence, illness or any other cause.
(3) A person shall not be qualified for
appointment as a Judge unless he,-
(a) has for at least
seven years held a judicial office in India or the office of a member of a
Tribunal or any post under the Union or a State requiring special knowledge of
law; or
(b) has for at least
seven years been an advocate of a High Court or of two or more such Courts in
succession; or
(c) possesses such
other qualifications as the Central Government may, with the concurrence of the
Chief Justice of India, prescribe.
(4) In selecting persons for appointment as
Judges,-
(a) every endeavor
shall be made to ensure that persons committed to the need to protect and
preserve the institution of marriage and to promote the welfare of children and
qualified by reason of their experience and expertise to promote the settlement
of disputes by conciliation and counseling are selected; and
(b) preference shall
be given to women.
(5) No person shall be appointed as, or hold
the office of, a Judge of a Family Court after he has attained the age of
sixty-two years.
(6) The salary or honorarium and other allowances
payable to, and the other terms and conditions of service of a Judge shall be
such as the State Government may, in consultation with the High Court,
prescribe.