The powers and functions of the family court with Reference to the laws and judicial development in Bangladesh

Abstract

In Bangladesh, the Family Court system is a specialized court system designed to settle family-related cases quickly and fairly. Established by the 1985 Family Courts Ordinance, the courts' main responsibility is to settle cases involving guardianship, maintenance, dower, divorce, and the restoration of marital rights. This essay seeks to critically analyze the judicial advancements that have shaped and expanded the role of the Family Court over time, as well as to give a thorough summary of the authority and duties granted to it by Bangladesh's legal system. The study starts by examining the Family Courts' statutory foundation, paying special attention to the 1985 Family Courts Ordinance and how it integrates with pertinent rules of the 1908 Code of Civil Procedure and Muslim personal law. It looks at how the Family Courts are set up to offer a quicker, easier, and less formal way to settle disputes, particularly for women and children who are particularly vulnerable. Significant decisions have increased the court's authority to uphold gender justice, defend the rights of separated and divorced women, and ensure the welfare of children. To guarantee justice and equity in family affairs, particular attention is paid to how courts have construed maintenance rights, child custody, and the natural justice principles. These include the lack of infrastructure, the social stigma attached to family litigation, the slow pace of the legal process, and the shortage of judges. Additionally, the study assesses the function of alternative dispute resolution (ADR), specifically mediation, which has been formalized within the framework of the Family Court to encourage peaceful dispute resolution. The study concludes that although the Family Court has made great strides in resolving family conflicts in a fair and effective way, much more can be done. To improve the efficiency of Family Courts and guarantee the realization of justice in family life, legal reforms, more judicial training, increased public awareness, and infrastructure investment are necessary. The study emphasizes the significance of a human-centered, dynamic approach to family law that strikes a balance between legal principles and the socio-cultural realities of Bangladesh.