Jurisdiction and Scope of Family Courts in Bangladesh: An Overview”

Abstract

This paper examines the legislative framework and operational mandate of the Family Courts in Bangladesh, emphasizing their pivotal role in adjudicating matrimonial and child-related disputes. Specifically, it investigates the evolution of the Family Courts Ordinance of 1985 and the shifting judicial emphasis toward the welfare of the child in custody determinations, which frequently encounters tension with traditional Muslim personal law. Furthermore, the enactment of the Family Courts Act of 2023 marks a critical legislative transition intended to expedite case resolution and replace the superseded 1985 Ordinance. By analyzing this transition, the study critically evaluates whether the updated legislative structure effectively mitigates the systemic delays and bureaucratic complexities that have historically undermined the efficacy of family justice in the country. The analysis further considers how these statutory developments align with the growing judicial recognition of maternal guardianship rights, which signals a departure from strictly patriarchal custody norms. This transformation also necessitates a rigorous assessment of existing court structures to ensure that procedural reforms, such as mandatory alternative dispute resolution, are adequately supported by the institutional capacity to handle complex matrimonial caseloads. Moreover, the shift toward therapeutic jurisprudence within this legislative update necessitates a critical evaluation of whether the current infrastructure can integrate holistic mediation models that prioritize family stability over adversarial litigation.