Short title and commencement

1d9b547cf0e39d709c128d77bb592ee875150b0d · 1984 · State unknown

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Parent: THE FAMILY COURTS ACT, 1984 (4d9cb16f2de69c583e80bd581a5a9ba3234d79e8)

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Short title and commencement Definitions Source of appointment Reservation No 288/VII-Nyaya-2-732/86 Dated, Lucknow, April 4, 1995 In exercise of the powers under Section 23 of the Family Courts 1984 (Act no. 66 of 1984) the Governor, after consultation with the High Court, is pleased to make the following rules: THE UTTAR PRADESH FAMILY COURTS RULES, 1995 CHAPTER-I PRELIMINARY (i) These rules may be called the Uttar Pradesh Family Courts Rules, 1995; .. (ii) They shall come into force with effect from the date of their publication in the official Gazette (1) In these rules, unless the context otherwise requires (a) 'Act' means the Family Courts Act, 1984 (Act no.66 of 1984); 1 [ (b) 'Appointing authority' means the Governor in relation to the post of a Judge and the Judge or where there are more than one Judge, the Principal Judge, in relation to an officer of the Family Court, and the District Judge of the place where the Family Court is located in relation to other employees of the Family Court. (c) 'Citizen of India' means a person who is or is deemed to be a citizen of India under Part II of the Constitution; (d) 'Commission' means the Uttar pradesh Public Service Commission; (e)' Governor' means the Governor of Uttar Pradesh: (f) 'Government' means the State Government of Uttar Pradesh; (g) 'High Court' means the High Court of Judicature at Allahabad; " (h)' Post' means the post of a Judge; . (i) 'Section' means sections of the Act. (ii) Words and expressions used but not defined in these rules and defined in the Act shall have the meanings assigned to them in the Act. CHAPTER-II PART-1 APPOINTMENT AND TERMS AND CONDITIONS OF SERVICE OF JUDGE [ Section 4.(6) and 23 (2) (a)] The appointment of a Judge may, with the concurrence of the High Court, be made from any of

Rule TOC

1 · [ (b) 'Appointing authority' means the Governor in relation to the post of a Judge and the Judge or where there are more than one Judge, the Principal Judge, in relation to an officer of the Family Court, and the District Judge of the place where the Family Court is located in relation to other employees of the Family Court.

1 · [22. (1) The Judge and where there are more than one Judge for any area, the Principal Judge shall appoint for his Court and for other Family Courts, if any, for the area of his jurisdiction, such officers as may be determined from time to time under sub- section (1) of section 6 of the Act.

1 · Sub . by U.P. Family court (Amendment) Rules, 2002

23 · (1) As soon as a Family Court is established for an area, the District and Sessions Judge having Jurisdiction in that area shall cause the records of all suits and proceedings of the nature referred to in Section 8 pending before the Courts under his Jurisdiction, collected and transmitted to the Family Court

24 · If the Family Court considers it necessary in the interest of justice it may seek the assistance of legal expert as amicus curiae on purely legal issue. For that purpose, the Family Court shall prepare a list of legal experts who are willing to assist it as amicus curiae and legal experts. They shall be paid fees and expenses out of the revenues of the Government as per the scale of fees and expenses prevalent in the Court of District Judge.

25 · (1) There shall be attached to every family Court a Counselling entry which shall have as many Counsellors as may be determined by the Government in consultation with the High Court from time to time. If more than one Counsellor is appointed for any Family Court, one of them may be appointed the Principal Counsellor.

27 · (1) A counsellor entrusted with a petition shall assist and advise the parties regarding the settlement of the subject matter or dispute between the parties or any part thereof. The counsellor shall also help the parties in arriving at reconciliation.

28 · The Judge shall prepare a panel of medical and other experts in consultation with the principal Counsellor or Counsellor, as the case may be, and the experts shall be entitled to such fees and expenses out of the revenues of the Government as may be determined by the Judge of the Court having due regard to the status, expertise and the professional loss etc., of the expert giving evidence or opinion before the Court.

29 · (1) The Judge shall also prepare, in consultation with the Principal Counsellor or Counsellor as the case may be, a list of institutions, organisations or agencies working in the area of family welfare or in any other areas that he may deem fit in order to enable him or the parties to obtain the assistance of such as institution organisation or agency.

30 · (1) Information gathered by the Counsellor, any statement made before the counsellor or any notes or report prepared by the counsellor shall be treated as confidential and the Counsellor shall not be called upon to disclose the information, statements, notes or report to any court except with the consent of both the parties.

31 · A Counsellor shall not be required to give evidence in any court in respect of the information statements, notes or reports referred to in sub-rule (1) of Rule 30:

36 · Unless there is any Rule to the contrary, a Family Court shall function under the superintendence of the High Court.