Judgment B. C. Basak and G. C. Bharuka, JJ. 1. From time to time various writ petitions are filed in this Court in the name of Public Interest Litigation but upon closure scrutiny at the time of admission it is found by the Court that most of them are not for the benefit of public but for the benefit of some private individuals. However, this is not such a case. This is genuine Public interest Litigation. 2. The grievance of the petitioner in this case is pure and simple. It is brought to our notice that the Family Court Act, 1984 (hereinafter referred to as the said Act), though enacted in the year, 1984, no Family Court has yet been established in the State of Bihar. This fact is not disputed. Though this writ petition was filed as long back as in July, 1987, for one reason or other, this was not being heard but being adjourned from time to time. On several occasions, learned counsel appearing for the State had, according to their usual practice, obtained adjournments for the purpose of obtaining instructions. As long back as on 8th of April, 1988, it was stated on behalf of the State, as recorded in the Courts order, that the concerned file had been sent to the Personnel Department for creation of the posts for establishment of Family Courts. However, though four years have passed since the filing of the case, the State Government has not yet found time to file any counter affidavit. Under these circumstances we are no longer inclined to leave the matter to the mercy of the State Government but we shall dispose of this writ petition for compliance of the wishes of the Indian Parliament. 3. The Preamble of the said Act provides that it was enacted to provide for the establishment of Family Courts with a view to promote conciliation in, and secure speedy settlemeut of, disputes relating to marriage and family affairs for the matters connected therewith. 4. The relevant "statement of Objects and Reasons" in this connection records as follows : "several associations of women, other organisations and individuals have u rged, from time to time, that Family Courts be set up for the settlement of family disputes, where emphasis should be laid on conciliation and achieving socially desirable results and adherence to rigid rules of procedure and evidence should be eliminated. The Law Commission in its 59th report (1974) had also stressed that in dealing with disputes concerning the family the court ought to adopt an approach radically different from that adopted in ordinary civil proceedings and that it should make reasonable efforts at settlement before the commencement of the trial. The Code of Civil Procedure was amended in 1976 to provide for a special procedure to be adopted in suits or proceedings relating to matters concerning the family. Hqwever, not much use has been made by the courts in adopting this conciliatory procedure and the courts continue to deal with family disputes in the same manner as other civil matters and the same adversary approach prevails. The need was, therefore, felt, in the public interest, to establish Family Courts for speedy settlement of family disputes. 5. The Bill inter alia, seeks to : (a) provide for establishment of Family Courts by the State Governments ; (b) make it obligatory on the State Governments to set up a Family court in every city or town with a population exceeding one million ; (c) enable the State Governments to set up, such courts in areas other than those specified in (b) above ; (d) exclasively provide within the jurisdiction of the Family Courts the matters relating to : (i) matrimonial relief including nullity of marriage, judicial separation, divorce, restitution of conjugal rights, of declaration as to the validity of a marriage or as to the matrimonial status of any person ; (ii) the property of the spouses or of either of them ; (iii) declaration as to the legitimacy of any person ; (iv) guardianship of a person private custody of any minor : (v) maintenance, including proceedings under Chapter IX of the code of Criminal Procedure ; (e) make it obligatory on the part of the Family Court to endeavour, in the first instance to effect a reconciliation or a settlement between the parties to a family dispute. During this stage, the proceedings will be informal and the rigid rules of procedure shall not apply ; (f) provide for the association of social welfare agencies, counsellors, etc. during conciliation stage and also to secure the services of medical and welfare experts ; (g) provide that the parties to a dispute before a Family Court shall not be entitled, as of right, to be represented by legal practitioner. during conciliation stage and also to secure the services of medical and welfare experts ; (g) provide that the parties to a dispute before a Family Court shall not be entitled, as of right, to be represented by legal practitioner. However, the court may, in the interest of justice, seek assistance of a legal expert as amicus curiae ; (h) simplify the rules of evidence and procedure so as to enable a family Court to deal effectually with a dispute : (i) provide for only one right of appeal which shall lie to the High court. " 6. The relevant provisions of the said Act provide as follows : sec.3. "establishment of Family Courts (I) For the purpose of exercising the jurisdiction and powers conferred on a Family Court by this Act, the State Government aftar consultation with the High court, and by notification : (a) shall, as soon as may be after the commencement of this Act, establish for every area in the State comprising a city or town whose population exceeds one million, a Family Court ; (b) may establish Family Courts for such other areas in the state so it may deem necessary. (2) The State Government shall, after consultation with the High court specify, by notification, the local limits of the area to which the jurisdiction of a Family Court shall extend and may, at any time, increase, reduce or alter such limits. " sec.4. "appointment of Judges. (I) The State Government may, with the concurrence of the High Court appoint one or more persons to be the Judge or Judges, of a Family Court. " sec.4. "appointment of Judges. (I) The State Government may, with the concurrence of the High Court appoint one or more persons to be the Judge or Judges, of a Family Court. (2) When a Family Court consists of more than one Judge (a) each of the Judges may exercise all or any of the powers conferred on the Court by this Act or any other law for the time being in force ; (b) the State Government may, with the concurrence of the High court, appoint any of the Judges to be the Principal Judge and any other Judge to be the Additional Principal Judge ; (c) the Principal Judge may, from time to time, make such arrangements as he may deem fit for the distribution of the business of the court among the various Judgs thereof ; (d) the Additional Principal Judge may exercise the powers of the principal Judge in the event of any vacancy in the office of the Principal Judge or when the Principal Judge is unable to discharge his functions owing to absence, illness or any other cause. (3) A person shall not be qualified for appointment as a Judge unless he (a) has for at least seven years held a judicial office in India or the office of a member of a tribunal or any post under the union or a State requiring special knowledge of law ; or (b) has for at least seven years been an advocate of a High Court or of two or more such Courts in succession ; or (c) possesses such other qualifications as the Central Government may, with the concurrence of the Chief Justice of India, prescribe. (4) In selecting persons for appointment as Judges (a) every endeavour shall be made to ensure that persons committed to the need to protect and preserve the institution of marriage and to promote the welfare of children and qualified by reason of their experience and expertise to promote the settlement of disputes by conciliation and counselling are selected : and (b) preference shall be given to women. (5) No person shall be appointed as or hold the office of, a Judge of a Family Court after he has attained the age of sixty-two years. (5) No person shall be appointed as or hold the office of, a Judge of a Family Court after he has attained the age of sixty-two years. (6) The salary or honorarium and other allowances payable to, and the other terms and conditions of service of, a Judge shall be such as the State Government may, in consultation with the High Court, prescribe. " sec.7. "jurisdiction. (V) Subject to the other provisions of this Act, a Family Court shall (a) have and exercise all the jurisdiction exercisable by any district court or any subordinate civil court under any law for the time being in force in respect of suits and proceedings of the nature referred to in the Explanation ; and (b) be deemed, for the purposes of exercising such jurisdiction under such law, to be a district Court or, as the case may be. such subordinate civil court for the area to which the jurisdiction of the Family Court extends. Explanation. The suits and proceedings referred to in this sub-section are suits and proceedings of the following nature, namely : (a) a suit or proceeding between the parties to a marriage for a deceee of a nullity of marriage (declaring the marriage to be null and void or, as the case may be, annulling the marriage)or restitution of conjugal rights or judicial separation or dissolution of marriage; (b) a suit or proceeding for a declaration as to the validity of a marriage or as to the matrimonial status of any person ; (c) a suit or proceeding between the parties to a marriage with respect to the property of the parties or of either of them ; (d) a suit or proceeding for an order or injunction in circumstances arising out of a marital relationship ; (e) a suit or proceeding for a declaration as to the legitimacy of any person ; (f) a suit or proceeding for maintenance ; (g) a suit or proceeding in relation to the guardianship of the person or the custody of, or access to, any minor. (2) Subject to the other provisions of this Act, a Family Court shall also have and exercise ; (a) the jurisdiction exercisable by a Magistrate of the first class under Chapter IX (relating to order for maintenance of wife, children and parents) of the Code of Criminal Procedure, 1973 (2 of 1974) ; and (b) such other jurisdiction as may be conferred on it by any other enactment. Sec.8. "exclusion of jurisdiction and pending proceedings. Where a family Court has been established for any area : (a) no district court or any subordinate civil conrt referred to in sub-section (1) of Sec.7 shall, in relation to such area, have or exercise any jurisdiction in respect of any suit or proceeding of the nature referred to in the Explanation to that sub-section ; (b) no Magistrate shall, in relation to such area, have or exercise any jurisdiction or powers under Chapter IX of the Code of criminal Procedure, 1973 (2 of 1974) ; (c) every suit or proceeding of the nature referred to in the explanation to sub-section (1) of Sec.7 and every proceeding under Chapter IX of the Code of Criminal Procedure, 1973 (2 of 1974) (i) which is pending immediately before the establishment of such Family Court before any district court or subordinate court referred to in that sub-section or, as the case may be, before any Magistrate under the said Code ; and (ii) which would have been required to the instituted or taken before or by such Family Court if, before the date on which such suit or proceeding was instituted or taken, this Act had come into force and such Family Court had been established, shall stand transferred to such Family Court on the date on which it is established. " 7. Under these circumstances we do not find any reason as to why no action has yet been taken by the State Government for the Constitution of family Courts under the said Act up to now, even in respect of the city of patna in respect of which it is admitted before us that there is more than one million population and thereby it is obviously covered by Sec.3 (1) (a) of the said Act. We may point out that the learned Advocate-General appearing on behalf of the State had stated before us that the State Government is going 10 take necessary steps by way of putting proposal before the High court for suggesting names for Constitution of Family Courts. 8. According, we pass the following orders : in view of the fact that so far as the City of Patna is concerned, admittedly the population exceeds one million, accordingly, we direct the State Government to lake all necessary steps for the establishment of Family Courts under the provisions of Section 3 (1) (a) of the said Act in respect of the same within a period of one month from this date. So far as other towns and areas are concerned, it is not clear as to whether there is any other city or town within the State of Bihar, whose population exceeds one million so as to attract the provisions of Sec.3 (1) (a) of the Act. It does not appear that this question was examined at any stage. However, even if the population does not exceed one million and though it may be a matter of discretion for the State Government whether to constitute such court under Sec.3 (1) (b) of the Act in respect of other areas or not, such discretion is not an absolute or arbitrary or unfettered discretion of the State Government. It is not a question of subjective satisfaction, Clause (b) itself specifies that such Family courts are to be established, if the State Government considers it necessary. The necessity of constituting such Family Court in respect of the cities or towns not falling within the ambit of clause (a) is objective and not subjective. The Government must examine the question of necessity for the Constitution of such courts in other places. Accordingly, the Government must make an enquiry into the matter whether the population of any town or city exceeds one million or not and even if it is not, whether it is fit and proper that such Family Courts are to be set up in other areas if it is so found necessary. It does not appear that any such enquiry has been made by the State Government in respect of any area not coming under clause (a ). It does not appear that any such enquiry has been made by the State Government in respect of any area not coming under clause (a ). The admitted position before us is that at least the following towns and cities are major towns and cities of the State, namely, Hazaribagh, Ranchi, Dhanbad and Jamshedpur. Accordingly, we also direct the State Government to make an enquiry and take a decision on the basis of the materials before it and further materials to be obtained and necessary enquiry to be made, as to whether such family Courts are to be constituted under Sec.3 (1) (b) of the said Act in respect of any other city, town or any other areas. We direct the State government to take such decision and pass a final order within a period of three months from this date. Let it be recorded that we do not hold that this order shall not be treated as holding that there is no other city, town or area. In the State coming under the scope of clause (a) of Sec.3 (1) of the Act. Because of absence of any material before us. We are unable to say any thing in this regard. Let a copy of this order be handed over to the learned Advocates for the petitioner and the State. Petition allowed.