RULES FOR MAHARASHTRA , HIGH COURT RULES

e37adbd67881fabda57529dcefd3f0752bf58c4d · 1984 · State unknown

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

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* '• N * * wt . RULES FOR MAHARASHTRA , HIGH COURT RULES The Family Courts (Court) Rules , 21 of the Family Courts Act 1984 behalf, f, the Honourable the Chief 988: -In exercise of the powers conferred by Secti'ofi (No . 66 of. f. 1,984) , an $ all enabling provisions in th8|j3JS Justice , and Judges hereby , make and prescribetil* following rules for the Family courts in the State of Maharashtra:-. T H E FAMILY COURTS (COURT) RULES 1988 In exercise of the powers conferred'by Section 21 of the Family Act , 1984 (6tfs§j|H 1984) , the High Court of Bombay is pleased to prescribe the following Rules for thiijjLFamily Courts in the State of Maharashtra . -. · · _'. . Wi p '·*"· ' · ·-·-··' · ··'··;· ' " ··'·sMm Short title Ct(C , o commencement and application.- (1) These rules maybe called the Familj^L ourt) Rules1988 Short title, commenc Courts (Court) Rules , ement 1988 . come into force on These Rules shall apply to the Family Courts established in the Staterfl These Rules shal of Maharashtra under Section 3 of the Family Courts Act , 1984 . Definitions.* In these rules , unless the context otherwise requires . (a) "Act " means the Family Courts Act,{984; (b) Counselling Centre; "'Centre " means a (c) e Family court established under Section "Court " e means th Act; <d) "Petition " shall include an application under Chapter IX ofvtjf? Criminal Procedure Code unless the subject matter or context requirl otherwise; '·.;· '·}% (e) "Principal Counsellor " means the principal counsellor . appointedt^b^^w| the High Court . Where principal counsellor is not appointed , it shSOT"" include counsellor or counsel lors»as th-gs case may be; ; a i : (f) · ·· ""Family Court Rules ·" ·" means Rules framed by the Gbvemmen.t : Maharashtra in consultation with the High Court under SeCTfi

Rule TOC

1988 · .

4 · (}\) '*·· ' An undertaking'by a recognised family welfare , a'gehcy of the country cdnceriled to superviseth e child in the : hofne of the ! ;\ ·'': petitioner.until the child is legally adopted . . ·. . '.? . ".-··'···'-,..·

1 · *

3 · bring icing to

6 · . Date of Birth (If available)

7 · . Place of Birth (If available)

1 · . "Petition No . . .

2 · . Name of the petitioner r .... .

3 · . Complete Address of me petitioner

1 · . Name of the committing court t)

2 · . Age of the child at the time of commitment

3 · . Date of order of commitment

4 · . Period qf commitment ' ... .

5 · . Final date of release • ... .

6 · . Section of the Bombay Children Act

7 · . Date of admission to your institut on . Please enclose a copy of the Court Commitment Warrant .

2 · . Circumstances under which the chile came to the original institution .

3 · . . Reasons for seeking protection in the institution .

4 · . Information about the relatives

5 · . * In case if they.are alive , have they agreed to give away the child in adoption/guardianship and if.s'o , whether written consent has been obtained . .

8 · . Any other information omwhich yoi ^ would like to add .

1 · . Have you reviewed the Homd Study Report of the adoptive parents/ Guardians and do you feel that the placement of this child with this family , is suitable ?

2 · . Have the adoptive parents seen the details of child whoifi they wish to bring up and have they approved of the child after knowing the general conditions physical or mental defect , etc . If so , please give a copy of the certificate wherein the adoptive' parent/guardians have given their consent in writing that they have examined the Child Study Report and "accept the proposed child;

1 · , Copy of the Court Warrant .

2 · . •Copy of the report of the Probation Officer .

4 · . Consent of the adoptive parerts to accept the.child

1 · . · Short title, commencement and application.-

1 · '· Wk\

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

11 · 11

5 · . Institution of Proceedings v

19 · . Proof'of service of summons: -(1)1 Save in cases provided for in Sub-Rule (2) an d unless the Court shall otherwise order , the Service of a Summons to appear , an d answer Shall be proved bythe Vakalatnama having been filed or when no Vakalatnama has been filedj by evidence showjng that.the Summons was served jn the manner provided by'the Code'of Civil Procedure . S jch proof shall ordinarily he by the affidavit of the bailiff and (as to such matters.as the bailiff cannot speak to of his knowledge) , of the person who attended the bailiff for:ihe purpose of identification , at the time of

44 · . Pronouncement of Judgement/ Final Order :- '(B) (1) 'In ail .proceedings , on conclusion of hearing , the Court shall hform the parties , the date of pronouncement of; judgement and final order .

44 · . Copy of divorce decree to be served upon the parties:- (C) In all cases in which , the marriage is dissolved by a decree of divorce , ex-parte or otherwise , the Court shall ·serve a certified copy of the decree upon the parties to tfre proceedings , by registered post acknowledgment due , within i5 days from the date of passing of the decree .