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

Abstract

Family Courts play a vital role in delivering family justice in Bangladesh by offering specialized forums for resolving disputes that emerge from family relationships. The creation of these courts acknowledges that family-related conflicts demand a unique judicial approach, which harmonizes legal rights with broader social and welfare considerations. This study explores the jurisdiction and operational scope of Family Courts in Bangladesh, with special focus on the legal structure introduced by the Family Courts Act, 2023. The main objectives of this research are to examine the legal basis of Family Court jurisdiction, assess the extent of their authority in family matters, review judicial interpretations regarding their powers, and highlight the key challenges that hinder the efficient delivery of family justice. The study employs a doctrinal research method, relying on the analysis of relevant statutes, court judgments, legal commentaries, and academic publications in the field of family law and Family Court jurisdiction. The research finds that Family Courts hold exclusive jurisdiction over key issues such as dissolution of marriage, restitution of conjugal rights, dower, maintenance, guardianship, and child custody. It also shows that judicial interpretations have played a significant part in shaping Family Court jurisprudence by resolving jurisdictional uncertainties and reinforcing legal safeguards for women and children. The Supreme Court of Bangladesh has consistently followed a welfare-centric approach, especially in cases involving maintenance and child custody, thereby advancing substantive justice and overall family well-being. Despite notable legislative improvements, the study identifies several ongoing challenges faced by Family Courts, including heavy case backlogs, prolonged delays in case disposal, difficulties in executing decrees, jurisdictional overlaps, insufficient infrastructure and resources, and low public awareness about family rights and available remedies. These issues frequently obstruct the goal of providing prompt and effective justice. In conclusion, the Family Courts Act, 2023 has significantly modernized the legal framework for handling family disputes and has enhanced the institutional role of Family Courts in Bangladesh. Nevertheless, additional reforms in legislation, institutional capacity, procedures, and technology are essential to improve their overall performance and efficiency. The study recommends stronger enforcement mechanisms, increased allocation of judicial manpower and resources, wider use of alternative dispute resolution, better legal aid provisions, and enhanced public awareness campaigns to ensure broader access to family justice. An efficient and responsive Family Court system is indispensable for protecting family rights, advancing social justice, ensuring the welfare of women and children, and upholding fair administration of justice in Bangladesh.