Family Courts (Procedure) Rules, 1996 [R.O.C No. SS0-A/97/F.L] No. SRO C-4/97.~In exercise of the powers conferred by section 21 of the Fami

rules · 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.C No. SS0-A/97/F.L] 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 a8 may be specified by the notification issued under section 21 of the Act: 2. Definitions: S (i) In these rules unless the context otherwise requires, (a) #Act" means the Family Courts Act, 1984 (Central 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 (d) "Court means the Family Court established under section 3 of the Act ; (e "fudge" means the Judge O; 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 Proce- dure, 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 work- ing hours if the Judge concerned considers it necessary to do s0 in the circum- stances of a case with prior notice t0 the parties O those representing the parties and t0 such

Rule TOC

7 · Summons to respondents _ In all matters other than those under Chapter IX of the Code of Criminal Procedure; 1973 (Central Act 2 of 1974) the summons to appear and answer shall be in Form No. 1 in the Appendix with such variations as the circumstances of the case may require. 8. Name and address of the party to be stated in every process: The name and address of the party shall be stated in every summons; witness summon; interim application notice, warrant and every process of the Court issued at the instance of such party:

9 · Summons, etc , how attested and signed _ All summons; rules, orders, war- rants and other mandatory processes shall be sealed with the seal of the Court and shall be signed by the Chief Ministerial Officer adding thereto the date of signing:

10 · Returnable date of summon Co Unless otherwise ordered; the summons shall be returnable within three weeks from the date of the issue, if the respondent resides within the local limits of the Court and within four weeks from the date of issue, if the respondent resides outside the local limits 11. Returnable date of summons in petition to be 0 the date fixed for giving direction: The summons shall be returnable on or before the day on which the petition is to be placed on board for directions as herein provided.

22 · List of persons and persons and agencies engaged in the field of social welfare () The Family Court shall prepare in the month of January every year; & list of not less than ten persons (including institutions O organisation from among those engaged in the field of social welfare or representatives thereof professionally engaged in promoting the welfare of the family working in the field of social welfare and whose association with the Family Court may ena- ble it to exercise the jurisdiction more effectively in accordance with the purpose of the Act and submit it to the High Court for approval Provided that if the Family Court is established in the middle of any year such list shall be submitted within one month from the date of establishment of such Court. (ii) The list shall be valid till the approval of the next list by the High Court: 23. Nomination of persons as counsellors: The Family Court shall nomi- nate tWo persons and may include representatives of institutions O organiza- tions 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 (ii) The term of the office of the counsellors s0 nominated shall be three months

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 giving such directions, the Judge shall direct the parties to consult 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 s0 fixed by the Court: 27. Failure to attend counselling _ If one of the parties fails t0 attend the coun- selling 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 & 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 t0 the other powers of the Court to take action against a defaulting party: 28. Duties and functions of counsellors Counsellor entrusted with any peti- tion 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 counsel- lors 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 d0 the following act Or acts, namely :

36 · Filing of memorandum in Court: On the proceedings before the counsellor com ing t0 an end and upon the counsellor filing a memorandum in the petition setting out the outcome of the proceedings before him as irreconcilable; the Judge shall list the case for trial.

37 · Placing the petition on the Board of the Court _ On the date $0 fixed by the Judge, the petition shall be placed before the Court for hearing and final dis- posal. 38. Adjournments. _ (i) The petition so fixed shall not be adjourned by the Court unless there are exceptional circumstance justifying such adjournments and unless they are such as could not have been foreseen when the date of hear- ing was fixed: The Court shall record its reasons for adjourning a matter: (ii) Every endeavour shall be made by the Judge to secure a settlement of the disputes by conciliation throughout the trial. Adjournments are to be avoided as far aS possible.

39 · Independent legal representation of a minor _ It shall be open to the Court t0 appoint any person capable of protecting the interests of a minor as his/her representative to represent independently the minor affected by litigation before the Court: The Court shall endeavour that such representative should not derive any undue pecuniary advantage out of the appointment: The Court may appoint a representative t0 represent independently to represent the minor affected by litigation before the Court: The Court shall endeavour that such representative should not derive any undue pecuniary advantage out of the appointment: The Court may appoint a representative aS amicus curiae t0 assist the Court in the discharge of its duties

40 · Evidence. The Court shall prepare a memorandum of the substance what the witness deposes as prescribed under section 15 of the Family Courts Act; 1984 (Central Act 66 of 1984).

41 · Permission for representation by a lawyer: _ (i) The Court may permit the parties to be represented by a lawyer in Court: Such permission may be granted if the case involves complicated questions of law or fact and if the Court is of the view that the party in person will not be in a position to conduct his 0r her case adequately: The reason for granting permission shall be recorded in the order: Such permission for the assistance of the lawyer by either of the parties cannot be claimed or entertained as matter of right. Permission So granted may be revoked by the Court at any stage of the proceedings if the Court considers it just and necessary:

51 · Rules under section 122 of the Code: _ (i) Rules framed by the High Court under section 122 of the Code for regulating the procedure of Civil Courts sub- ordinate [0 it shall apply to the Family Courts in S0 far as they are not inconsist- ent with the provision of the Act and these rules (ii) The Court shall give priority for execution proceedings and every endeavour shall be made to terminate the execution proceedings wil in the shortest possible time: 52. Copy ofjudgment or order to be filed with appeal _ Every appeal under sec- tion 19(1) Of the Act shall be accompanied by & copy certified t0 be true copy by the Court which passed the judgment: 53. Judgment and its contents _ Every judgment of the Court shall contain an Appendix of the evidence oral and documentary adduced on behalf of the parties to the proceedings and every witness for the applicant shall be described as peti- tioners/plaintiffs witness and the evidence shall be marked as "P" series and every witness for the respondent/defendant shall be described as respondents witness and the evidence shall be marked as "R" series in the Appendix and a serial number given: The Court witness, if any shall be described as Court wit- ness and the evidence, if any shall be marked as "C" series. 54. Proceeding not to be invalid __ A proceeding before the Family Court shall not become invalid by reason only for non-compliance with any of the proce- dural requirements prescribed herein unless such non-compliance has occa - sioned a failure of justice. APPENDIX