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

1 · (i) These rules may be called the Uttar Pradesh Family Courts Rules, 1995;.

5 · A candidate for appointment to post must possess any of the qualifications provided Eligibility and under clauses a) and (b or such other qualifications as may be prescribed by, the Central other Government under clause (c) of sub-section (3) of Section 4_ Selection shall he made having due qualifications regard to the provisions under sub-section Section 4 6.A candidate for appointment to the post must be Nationality Citizen of India or b) Tibetan refugee who came over to India before January 1, 1962 with the intention of permanently settling in India or c) a person of India origin who has migrated from Pakistan O any of the East African countries of Kenya, Uganda and the United Republic of Tanzania (formerly Tanganyika and Zanzibar) with the intention of permanently settling in India. Provided that candidate belonging to category (b) or (c above must be person in whose fovour a certificate of eligibility has been issued by the State Government. Provided further that a candidate belong to category (b) has also obtained a certificate of eligibility granted by the Deputy Inspector -General of Police, Intelligence Branch, Uttar Pradesh. 7_ A candidate for direct recruitment to the post must have attained the age of 45 years Age and must not have attained the age of 50 years on the first day of July in the year in which the vacancies are advertised. Provided that candidates belonging to Scheduled Castes and Scheduled Tribes Claiming reservation shall be entitled for five years of relaxation in higher side of the age limit: 8 The character of the candidate for direct recruitment to the post must be such as to render Character him suitable in all respects for employment In Government service. The appointing authority shall satisfy itself on this point: NOTE Persons dismissed by the Union Government or State Government or by the local Authority or Corporation or Body owned or controlled by the Union Government or State Government shall be ineligible for appointment to the post: Persons convicted of an offence involving moral turpitude shall also be ineligible 9_ male candidate who has more than one wife living or female candidate who has Marital status married a man already having wife living shall not be eligible for appointment to the post: 10. No candidate by direct recruitment shall be appointed to the post unless he being in Medical Fitness good Mental and bodily health and free from any physical defect likely to interfere with the efficient performance of his duties. Before candidate is finally approved for appointment he shall be required to pass an examination by a Medical Board

11 · The appointing authority shall determine and intimate to the Commission the number of vacancies to be filled by direct recruitment during the courses of the year as also the number of vacancies to be reserved for candidate belonging to Scheduled Castes, Scheduled Tribes and other categories under Rule-4. 12. The examination may be conducted at such time and on such dates as may be notified by the Commission and shall consist of _ a) Written examination of such legal and allied subjects including procedure as may be included in the syllabus prescribed under rule 13 and An interview to assess the all round career of the candidates and their personality, address and general suitability. 13_ The syllabus and the rules relating to the competitive examination shall be such as may be prescribed by the High Court in consultation with the Commission: 14. Candidate for direct recruitment shall pay to the Commission and to the President of the Medical Board such fees as may from time to time be specified by the Government:

15 · (1) Application for permission to sit at the competitive examination shall be invited by the for direct Commission in the form notified by them in the advertisement: recruitment (2) No candidate shall be admitted to the examination unless he holds a certificate of admission on the basis issued by the Commission: of competitive (3) After the results of written examination have been received and tabulated, the Commission shall examination having regard to the need for securing due representation of the candidates belonging to the Scheduled Castes, Scheduled Tribes and other categories under Rule 4, summon for interview such number of candidates as on the result of the written examination have come up to the standard fixed by the Commission in this respect: The marks awarded to each candidate at the interview shall be added to the marks obtained by him in the written examination: The Commission shall prepare and forward to the appointing authority a list of candidates who have taken examination for recruitment to the post in the order of their proficiency as disclosed by the aggregate of marks finally awarded to each candidate. If two O more candidates obtain equal marks in the aggregate, the commission shall give preference to the candidates securing higher marks in written examination PART- IV APPOINTMENT AND TERM OF OFFICE Appointment 16. Subject to the provisions of Rule 9, the Governor shall on receipt of the list prepared by the Commission under sub-rule of Rule 15, consult the High Court and shall; after taking into consideration the views of the High Court select candidates for appointment from amongst these who stand highest in order of merit in such list, provided that he is satisfied that they are duly qualified in other respects_ Term of office 17. The maximum age of superannuation in the case of direct recruit shall be 62 years, The judge on deputation shall hold office for a term of three years from the date on Which he enters upon the office unless extended by the Government with the concurrence of High Court but not beyond the date on which he attains the age of 62 years_

18 · The seniority of a Judge recruited directly in any year shall be determined according to the merit list drawn up under sub-rule (4) of Rule 15.

25 · . (1) There shall be attached to every family Court 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 (2) A counselling centre may be divided into different units and may be located in the Family Court Premises and or in such other places as the High Court may direct:

27 · (1) counsellor entrusted with petition shall assist and advise the parties regarding the settlement of the subject matter or dispute between the parties O any part thereof: The counsellor shall also help the parties in arriving at reconciliation: (2). A counsellor appointed to advise the parties shall fix the time and date or appointment and the parties shall be bound to attend the Counsellor on the date and the time so fixed. (3) If a party fails to attend the Counsellor on the date and at the time fixed, the Counsellor may fix another date and time and inform the absent party accordingly

28 · The Judge shall prepare a panel of medical and other experts in consultation with the principal Counsellor o 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 List of institution etc: or Counsellor as the case may be, list of institutions, organisations or agencies (Section 5 and 23(1)] 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. (2) The institutions, organisations and agencies shall, for the services rendered by them; be entitled to such remuneration as may be fixed by the Government from time to time by an order notified in this behalf:

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. (2) The information, statements, notes and report referred to in sub-rule (1) shall be kept in sealed covers by the Counsellor and will not form part of evidence before the Family Court: The same may, however; be used for the purposes of research or education with the permission of the Judge 0 condition that the identities of the parties shall not be disclosed: However the Court may persue the information; statements, notes, reports, etc_

31 · A Counsellor shall not be required to give evidence in any court in respect of the Counsellor not to give information statements, notes Or reports referred to in sub-rule (1) of Rule 30: evidence (Section23(i) ] Provided that the Counsellor may submit to the Family Court report relating to the environment of the parties, their personalities and their relationship with their children in order to assist it in deciding the question of custody O guardianship of

32 · The Counsellor shall submit a brief memorandum to the Family Court informing the outcome of the proceedings before him.

33 · If the parties arrive at settlement before the Counsellor relating to the dispute or any Part thereof, such settlement shall be reduced to writing and shall be signed by the parties and countersigned by the Counsellor; and the Family Court shall pronounce a decree or order in terms thereof unless it considers the terms of the settlement unconscienable Or unlawful O contrary to public policy:

34 · (1) The Counsellor shall be entitled to supervise the placement of children in the custoday of party and for this purpose he may make surpise visits to the house where the child resides and shall make a report to the Family Cout if any alteration is required in the arrangement relating to the custoday of the child:Provided that where the lady is the sole occupant of the premises, she occupies, then visits by male Counsellor shall always by along with lady duly approved by the Family Court.

35 · The Counsellor shall be entitled to supervise guide and assist the reconciled couples even if the matter is n0 longer pending in the Family Court

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