Section 4 of FCA : Section 4: Appointment Of Judges

Explanation using Example

Imagine a situation where the State Government of Karnataka, in agreement with the High Court of Karnataka, decides to establish a new Family Court in the city of Bengaluru to deal with the rising number of family disputes, such as divorces, child custody cases, and property settlements. To staff this new court, the State Government appoints two experienced individuals as Judges.

One of these Judges has been serving as a District Judge for over seven years, thus meeting the qualification under Section 4(3)(a) of The Family Courts Act, 1984. The other Judge, who has been a practicing advocate in the Karnataka High Court for the past ten years, fulfills the criteria under Section 4(3)(b).

The State Government, recognizing the importance of gender sensitivity in family matters, appoints a female Judge with considerable experience in family law as the Principal Judge of the Family Court, aligning with the preference mentioned in Section 4(4)(b).

As the workload of the Family Court increases, the Principal Judge, under the provisions of Section 4(2)(c), arranges for the distribution of cases between the Judges to ensure efficient case management.

During a period when the Principal Judge is on leave due to illness, the Additional Principal Judge takes over the responsibilities, exercising the powers granted under Section 4(2)(d).

The Judges are aware that they can serve in their positions until they reach the age of sixty-two, as specified in Section 4(5).

Lastly, the State Government, consulting with the High Court, determines the Judges' salaries and other conditions of service as per Section 4(6).