Family Justice Then and Now: A Comparative Examination of the Family Courts Ordinance 1985 and the 2023 Act

Abstract

This thesis examines the evolution of family justice in Bangladesh through a doctrinal comparison of the Family Courts Ordinance 1985 and the Family Courts Act 2023. Within Bangladesh’s plural personal-law landscape, the 1985 Ordinance created specialised Family Courts to provide a comparatively expeditious and conciliatory forum for disputes relating to marital breakdown, dower, maintenance, and child guardianship or custody; the 2023 Act repeals and re-enacts this framework in Bangla, yet early commentary suggests largely modest textual change rather than structural transformation. The study pursues four objectives: tracing the historical and institutional context of family courts, comparing the two instruments’ substantive-procedural design, analysing key judicial interpretations, and assessing whether the 2023 Act improves access to justice with particular attention to gender and child-centred outcomes. Methodologically, it applies doctrinal and comparative legal analysis of the two statutes alongside related instruments, relevant Supreme Court and subordinate-court decisions, and contextual secondary materials, adopting a primarily normative and analytical approach. The findings indicate strong continuity: jurisdictional scope, conciliation-centred trial structure, and enforcement mechanisms are largely preserved, while the principal novelties or refinements in pleadings or summons, increased fees, and adjustments to appellate arrangements do not amount to a paradigmatic shift. Notable procedural updates discussed include changes to court fees and the potential use of affidavit evidence, alongside the continuing emphasis on pre-trial settlement efforts. The thesis concludes by proposing targeted reforms - time standards, stronger enforcement tools, calibrated jurisdictional expansion, and institutionalised gender and child-sensitive procedures supported by legal aid and data-driven monitoring to realise a more effective rights-responsive family justice system.