Family Courts (Procedure) Rules, 1996

4b1c60f3040cc19edeb0763cfb4aeea0ee955f57 · 1984 · State unknown

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

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Family Courts (Procedure) Rules, 1996 [R.O.G.lVa.550-A/97/F.lj No. SRO C-4/97.-In exercise of the powers conferred by section 21 of the Family Courts Act, 1984, the High Court of Madras hereby makes the following rules in supersession of the Family Courts (Tamil Nadu) Rules, 1987. These rules shall come into force with effect from the date of publication in the Tamil Nadu Government Gazette. 1. Short title and commencement.(i) These rules may be called the Tamil Nadu Family Courts (Procedure) Rules, 1996. (ii) These rules shall come into force with effect from such date as may be specified by the notification issued under section 21 of the Act. 2. Definitions.(i) In these rules unless the context otherwise requires,- (a) ':4et" means the Family Courts Act, 1984 (Centr.al Act 66 of 1984) ; (b) "Code" means the Code of Civil Procedure, 1908 (Central Act V of .. -1908) ; -----_. (c) "High Court" means the High Court of Madras; Act; (d) ".court" means the Family Court established under section 3 of the (e) "Judge" means the Judge or, as the case may be, the Principal Judge, Additional Principal Judge or other Judge of a Family Court appointed under section 4 of the Act. (ii) All other words and expressions used but not defined in these rules shall have the same meaning as given in the Act and in the Code of Civil Procedure, 1908 (Central Act V of 1908) assigned to them, as the case may be. 3. Working hours of the Family Courts.(i) Working hours of the Family Court shall be the same as prescribed by the High Court for the Subordinate Courts. (ii) A Family Court may hold sittings on holidays and outside normal working hours if the Judge concerned considers it necessary to do so in the circumstances of a case with prior notice to the parties or those representing the parties a

Rule TOC

1 · Short title and commencement.(i) These rules may be called the Tamil Nadu Family Courts (Procedure) Rules, 1996.

2 · Definitions.(i) In these rules unless the context otherwise requires,-

3 · Working hours of the Family Courts.(i) Working hours of the Family Court shall be the same as prescribed by the High Court for the Subordinate Courts.

4 · Place of sitting of the Family Courts.(i) The Family Court shall ordinarily hold its sittings at the place where it is located or at such places as the High Court may specify, from time to time, by an order in that regard.

23 · Nomination of persons as counsellors.(i) The Family Court shall nominate two persons and may include representatives of institutions or organizations out of the list prepared under sub-rule (i) of rule 22 as counsellors to assist each of the said Court in discharge of its functions.

24 · Presence of counsellor in Court.On the date fixed for giving directions, the counsellors authorised by the Court shall attend the Court of the Judge giving directions.

25 · Directions to consult the counsellor.When glYlllg such directions,' the Judge shall direct the parties to consul t the specified counsellor for purpose of counselling.

26 · Court to fix time and date for counselling.The parties shall be bound to consult the counsellor on the date and at the time so fixed by the Court.

27 · Failure to attend counselling.If one of the parties fails to attend the counselling on the date and at the time so fixed, the counsellor may fix another date and time. If the said party does not attend the counselling centre on the adjourned date, the counsellor may make a report to the Court stating that one or both the parties have failed to attend the counselling centre. Such report being made, the Court may proceed with the matter without prejudice to the other powers of the Court to take action against a defaulting party.

28 · Duties and functions of counsellors.Counsellor entrusted with any petition or suit shall assist and advise the parties regarding the settlement of the subject matter of dispute between the parties or any part thereof. The counsellors shall also help the parties in arriving at reconciliation. Upon obtaining prior permission of the Judge of the Court concerned, the counsellors shall also be entitled to do the following act or acts, namely :-

44 · Interim applications while matter is pending before the counsellor.An interim application may be made even while the matter is pending before the counsellor.