Family Courts Act 2023: What the Family Court Hears, What Changed and How a Case Runs

In this guide: What the Family Court hears · What changed in 2023 · How a Family Court case runs · Enforcing a decree · Appeals · Where Family Courts sit

The short answer

The Family Court is a civil court, presided over by a Civil Judge (formerly Assistant Judge), that hears five kinds of family dispute: dissolution of marriage, restitution of conjugal rights, dower, maintenance, and guardianship and custody of children. The Family Courts Act 2023 replaced the Family Courts Ordinance 1985. It kept most of the procedure, raised the plaint fee from Tk 25 to Tk 200 and set up family appellate courts headed by a District Judge. Pending cases under the old law continue.

What the Family Court hears

A wife can usually file where she ordinarily lives. Criminal matters, such as dowry or violence cases, go to other courts and can run at the same time.

What changed in 2023

• The Family Courts Ordinance 1985 was repealed and replaced by the Family Courts Act 2023.
• The court fee on a plaint rose from Tk 25 to Tk 200.
• Family appellate courts were created, each led by a District Judge.
• Most procedure, including reconciliation and the five kinds of case, stayed the same.
• Cases filed under the old Ordinance continue under it.

How a Family Court case runs

1. Plaint: the claim, the facts, the documents relied on (kabinnama, notices, birth certificates) and a list of witnesses.
2. Summons: served on the other side, who files a written statement.
3. Pre-trial reconciliation: the judge tries to settle the dispute. Many dower and maintenance cases end here.
4. Trial: evidence and witnesses.
5. Post-trial reconciliation: one more attempt before judgment.
6. Judgment and decree.

In districts where the Legal Aid Services (Amendment) Act 2026 is in force, family disputes must first go to pre-case mediation at the legal aid office.

Enforcing a decree

A decree for dower or maintenance is enforced like a money decree: against salary, bank accounts and property. The court can also order a defaulting husband to be detained for a limited period. Interim maintenance can be sought while the case is pending. Keep records of every payment received.

Appeals

An appeal lies to the family appellate court, presided over by a District Judge, usually within 30 days of the decree. Bring a certified copy of the judgment. Further challenges go to the High Court Division in revision only on points of law.

Where Family Courts sit

Family Courts sit at the Civil Judge courts in every district, and in many upazila court centres. In Dhaka they are at the Dhaka Judge Court complex. Your lawyer files the case in the court with territorial jurisdiction.