S. D. Joshi & Ors v. High Court of Judicature at Bombay & Ors. AIR 2011 SC 848

Constitution of India , 1949
Art. 217(2) : Judicial office- Elevation to High Court – Family Court has all trappings of Court – Therefore is a court – However Judges of Family Court do not hold, Judicial Office- Not eligible to be considered for elevation as High Court Judges . [ Art , 233(2) 236 , Family Courts Act , 1984 , S 3 ]

A family court is a creature of statute and has been vested with power to adjudicate and determine the disputes. The presiding Judges of the family courts perform all the different statutory functions and decide the causes in accordance with the provisions of the Act. The essential features of court are notice in family court.  However, family court Judges are not members of `Judicial Services’, in view of their specific exclusion from cadre of State judicial service by Rules of 2008. Thus Judges of the family court do not hold `judicial office’ as such they are not eligible to be considered for elevation as High Court Judges.