Uttar Pradesh Shasan

3 · . Working hours, place of sitting;

1 · Subs. by sub-rule (c) of Rule 2 of THE UTTAR PRADESH FAMILY COURTS (COURTJAMENDMENT)RULES,2020

10 · . AlL notices, summons shall be returnable in three weeks after the date of filing of the petition, if respondent resides within local limits of the court, and five weeks after the date of filing of the petition, if respondent resides outside the said limits.

12 · In addition to the normal process of service by the Court, the applicant will at liberty to serve upon the respondent, the notices, summons of the court; along with copy of the respondent, the notices, summons of the court; along with copy of the petition and exhibits, either through person or through a recognizable mode of service, including registered post; speed post, fax and e-mail and shall file affidavit of service upon the respondent.

13 · . Application for substituted service of notice, summons where the respondent has refused to accept the summons, shall be made to the court, supported by an affidavit: The court may direct service by an advertisment in daily newspaper; ha= ving wide circulation in the locality in which the respondent is last known to have actually and voluntarily resided, carried on business or personally worked for gain. The court shall maintain a list of widely circulated newspapers and shall mention the name of the newspaper for substituted service in the order; fixing time for appearance of the respondent as the case may require. The applicant shall file affidavit annexing the copy of the newspaper in which the summon was published, one week before the date fixed for hearing in such summon.

14 · Any respondent who asks for copy of the petition, in writing, n the ground that he has not received the copy of the petition O that he has not received complete copy, shall be furnished by the applicant the complete copy, with all annexures to the respondent:

15 · . In case after normal service against woman defendant no one appears and the proceeding are about to be taken exparte, the Court may consider an additional service once again

16 · On the returnable date of the summons, the petition shall be placed for direction before Judge of the Court to whom this work may be assigned by the Principal Judge of the Count

17 · When giving direction, the Judge shall, in consultation with Principal Counsellor or such other counsellor who may be present in Court, direct the parties to attend specified counsellor for the purpose of counselling

18 · Such Counsellor shall be chosen bearing in mind the convenience of the parties, their special requirements and the area in which the unit to which that counsellor is attached is located.

20 · Once the proceedings before the counsellor shall end the counsellor shall file memorandum setting out the outcome of the proceedings before him The Court may thereafter call meeting of the parties to fix date of hearing of the petition: Intimation of such meeting shall be given to the parties by registered post or personally.

21 · At the meeting so fixed, the Court shall fix date of hearing after consulting both the parties.

22 · The Court shall also ascertain from the parties the approximate time to be taken by each party before the Court for the hearing of the matter:

23 · . In the event of any party remaining absent at the meeting called by the Court; the Court shall fix such date of hearing as he may deem fit: The Court shall fix date at least four weeks after the date of the meeting:

24 · On the date so fixed by the Court the petition shall be placed on the board of the Court for hearing and final disposal. The time allotted to the parties shall also be indicated on the board.

25 · . The Court shall not ordinarily alter the date when the date has been fixed in the presence of both the sides:

26 · The petition s0 fixed shall not be adjourned by the Court unless there are exceptional circumstances justifying such adjournment and unless they are such as could not have been foreseen when the date of hearing was fixed before the Court: The Court shall record its reasons for adjourning a matter:

27 · The Court may permit the parties to be represented by lawyer in Court. Such permission may be granted if the case involves complicated questions of law Or if the Court is of the view that the party in person will not be in position to conduct his or her case adequately O for any other reason_ The reasons for granting permission shall be recorded in the order: Permission so granted may be revoked by the Court at any stage of the proceedings if the Court considers it just and necessary.

28 · Any application for representation by a lawyer in court shall be made by such party to the court after notice to the other side, not less than one week prior to the date fixed for hearing of the petition. The case shall not be adjourned on this ground.

30 · The Court may record only the substance of what the witness deposes in his examination by Court, and cross examination by respondent if the court so permits, and shall prepare only a memorandum of substance of what the witness deposes as prescribed under Section 15 of the Family Courts Act, 1984. The memorandum shall be read and explained to the witness, signed by witness and the Presiding Officer of the Court and shall form part of the record. The Court may in the matter of interim relief take evidence on affidavit, if any, which shall also form part of the record of the court_

31 · That Court shall furnish to the parties to the proceedings before it, judgment, certified to be a true copy, free of cost.

32 · An interim application may be made even while the matter is pending before the Counsellor: The Court may ask the Coursellor to submit an interim report for the purposes of deciding the interim application The UP Family Courts Rules, 1995 relating to report to be submitted by the Counsellor shall mutatis mutandis apply to interim report also.

33 · On a request made by any party, the evidence before the Court, may be tape-recorded; at the expenses of such party. In the event of appeal or revision before the High Court a party may apply to the Court for transcription of the tape-recorded evidence which shall be supplied to the party concerned on payment of prescribed fee:

34 · Every Family Court shall maintains separate lists of:

35 · The provisions of Code of Civil Procedure for execution of orders passed in all matters except the orders passed on petition under Chapter IX of Code of Criminal Procedure shall apply. The provisions of execution of orders in Code of Criminal Procedure shall apply to orders passed under Chapter IX of the Code of Criminal Procedure.

36 · An order passed under Chapter IX of the Code of Criminal Procedure for maintenance allowance may be executed by the Court by attachment of salary as provided in section 60 and order 21 of the Code of Civil Procedure in addition to the mode of recovery provided in sub- section (3) of Section 125 of the said Code.

37 · An application under Section 125/126 under Chapter VII of the Code of Criminal Procedure may be filed at the place where the wife, minor child, parent; as the case may be resides:

38 · The pendency of an application for interim maintenance under Section 125 0r 126 as the case may be under Chapter IX of the Code of Criminal Procedure shall not be a ground to stay or suspend the main proceedings under Section 125 or 126 of the Code.

39 · In the pending execution proceeding for recovery of any defaulted amount the Family Courts shall not register new case. An application for recovery of defaulted amount of maintenance in the pending execution case shall be sufficient for recovering the amount:

40 · . AlL petitions for guardianship other than applications over which the High Court has jurisdiction, shall be filed before the Family Court:

42 · When Petition for guardianship is filed by foreigner or non-resident Indian, the Court may accept Home Study Report prepared by recognized family welfare agency of the country where they reside:

43 · .

45 · . In granting petition of a foreigner O non-resident Indian for guardianship, the Court shall satisfy itself that the child can be legally adopted under the law of the country where helshe resides:

46 · . The Court may direct a foreign O non-resident Indian petitioner to give a bond for such amount as it may think proper for the return of the child to India in the case of any difficulty:

47 · . While granting petition for guardianship, the Court may pass such orders as it may deem proper for the financial security of the minor_

48 · When the child proposed to be given in guardianship is an abandoned child the Court may satisfy itself that the consent of the natural mother was taken at the time of abandonment of the child or at any time thereafter to the childs being given in guardianship to another person: The name of the natural mother or natural father as also the consent letter from natural parent shall be treated as confidential. Consent letter shall be kept in Court in sealed cover.

50 · The Court; in its discretion may not entertain a petition for guardianship by foreigner or non-resident Indian unless the Court is satisfied that adequate attempts for at least three months or such other period as the Court deem fit have first been made to place the child in an Indian Home. For this purpose the Court may ask the petitioner to obtain a no objection letter from Voluntary Coordinating Agency or any other similar organization working for the placement of children in Indian Homes_

51 · When the proposed guardian is related to the child, the Court may dispense with any of the above provisions

52 · guardianship order shall be in the Form No. prescribed in the appendix with such modifications as may be required in each case. A photograph of the child signed by an authorized officer of the Court shall be attached to the order:

53 · A copy of every guardianship order appointing a foreigner or a non-resident Indian as a guardian shall be forwarded to the Ministry of Social Welfare, Government of India and Social Welfare and Cultural Affairs Department, Government of Uttar Pradesh; Lucknow.

54 · The Court shall have the power to waive the requirements of any of the above rules relating to petitions for guardianship in a suitable case_

55 · In case of a child placed in guardianship, the Court may, at any time direct a counsellor attached to the Court to supervise the placement of the child and submit a Report or Reports thereon to the Court in such manner as the Court may deem fit:

56 · The High Court may authorize and empower Judge of the Court or it, there be more Judges than one in a Court the Principal Judge of such Court to appoint so many and such other ministerial officer as may be necessary for the administration of justice and due execution of all powers and authorities exercisable by a Court: Provided that the appointments of officers and ministerial staff shall be subject to any rules or restriction as may be prescribed 0r imposed under the Act:

57 · The proceedings before the court shall be heard and disposed of as expeditiously as possible, preferably within 3 months, and in achieving this objective the rules O procedure may not rigidly be adhered to.

60 · No Judge shall hear or decide any case to which he is party or in which helshe is personally interested:

61 · The Courts may use such forms and containing such particulars as may be approved by the High Court

7 · , The petitioner therefore prays that this Court may be pleased to pass an order directing__

1a · That the petitioner and respondent are legally married Their marriage was solemnized on at_ according to customs. After the marriage both the petitioner and respondent had been living/lived together as husband and wife at (or where the marriage took place O where respondent resides) Out of the wedlock the couple was blessed with the child aged.. named. and another child aged: named

2 · The Petitioner submits that (give the grievance of the petitioner against the respondent with full particulars):

3 · . Petitioner has no resources/limited resources to maintain herself and her minor children: She is presently depended upon her parents, who have their own expenses and may not be in a position to support the petitioner for long period

6 · In the circumstances stated above there is no alternative for the petitioner and her minor children but to approach this Court for maintenance.

7 · , That during the pendency of the petition the petitioner with no resourcellimited resource to maintain her/him and minor childchildren may be provided with interim maintenance

1 · . Name of the child

2 · Reference No. as per General Register of the Institution

4 · Sex

5 · Religion (If known)

6 · Date of Birth (If available)

7 · Place of birth (If available)

1 · Petition No_ 2. Name of the petitioner 3. Complete address of the Petitioner

1 · Name of the Committing Court:

2 · Age of the Child at the time of commitment:

3 · . Date of order of commitment:

4 · Period of commitment

5 · Final date of release.

6 · Section of the.

7 · Date of admission to your Institution

2 · Circumstances under which the child 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' so whether written consent has been obtained:

7 · If the child is purely destitute, give factors which will show that--

1 · How long the child is with you in your _ institution? 2_ Attitude towards other inmates_

3 · . Relationship towards relatives, staff and other adults.

7 · Observer's impressions about the child

8 · Please indicate how the parent plan of rehabilitation will be useful to the child taking into consideration the child's needs and temperament

9 · If the child is school-going give a detailed report about his/her standard, attendance, general interest in studies progress effects, if any:

10 · . Any other information

1 · Have you reviewed the Home Study report of the adoptive parents/guardians and do you feel the placement of this child with this family is suitable?