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[173 Family Courts (Patna H.C.) Rules, 2000 persons working on daily wages on the date of commencement of these rules in the vacancies of class 1II1lVposts and any appointment so made in pursuance of the : scheme shall be against the posts of direct recruitment.
30. Residuary powers.-Nothing in these rules shall be deemed to affect . the power of the Chief Justice to make such orders, from time to time, as he may deem fit in regard to all matters incidental or ancillary to these rules not specifically . provided for herein or in regard to matters as have not been sufficiently provided for:
Provided that if any such order relates to salaries. allowances. leave or pension, the same shall be made with the approval of the Goverjlor of Bihar.
31. Interpretation.-AH question relating to the interpretation of these rules shall be referred to the Chief J.ustice.whose 'decision thereon shall be final.
32. Repeal and savings:- The Patna High Court Establishment . (Appointment) Rules. 1997are·hereby repealed: .
Provided. further that any action taken or proceedings under the repealed rule'S.and pending at the convneneement of these. rules shall be continued and disposed of. as far as (nay be.in accordance with the provisions of these rules. .
33. General ruleS.-(l JAilnotifteations issued. orderspassed. appoinbnents made or powers eXercised by the Chief Justice or the Registrar General poor to the commencement of these rules shall be deemed to have been issued, passed.
made and exercised resp.ective1yunder the provisions of these rules.
, . (2) Notwlthstandiftganything contained inthese rules, the Chief JuStice shan 'have tile power .to' 'make' such orders~ as .he may consider fit, in respect of recruitment, promotion, confirmation or any other matter• .(N:EL-~-I"case of any diffICUltyor doubt inConstruing any of.the p.r.0visionsof tM Hindi versjOrrof the Rules, the English vei:SiQnshallbe treated to be the correct :
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~ ~M1LYCOURTS (P:N.fNA HIGH COURT):
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NOTU=icAUOtt. '. , Th~7th:Majt..:~ .' . "'.
In exercise of powersconferred by ~eCti<lrt'21of the FamUy coerts AGt. ~9$4 . (Act 66 of 1984) the High.Court.of JudjQatureatPatna hereby makssthe follo_Wing.
rules for the Family Coorts in the State of ,Bi~ar.~. . .'
.. The Family,.Coorts. (Patna High Court) Rt,iles.'200(L ..: ' .
~. ShorUitle, com'mencement and app'l.i~aiiQh,.~QThese rut~~rnCi]'b~ . cailed,the,CFamilyCourts (P<ltnaHigh Court) Rules~2000" ..' - ....". .. .
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1. Pubf'lShed in the BiharGazette. dated 8.5.2002.
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174 ) Patna High Court Rules
(ii) These rules shall come into force on the date of their publication in the Official Gazette.
(iii) These Rules shall apply to the Family Courts established in the State of Bihar under the Family Courts Act, 1984.
2. Definition.-In these rules unless the context otherwise requires.
(a) 'Act'means the Family Courts Act, 1984.
(b) 'Centre' means a counselling centre and ,ncludes office of any association of counsellors.
(c) 'Court'means the Family Court estabfished under Section 3of the act.
(d) 'Petition'includes application under Chapter IX of the Code of Criminal Procedure, 1973 unless·the context otherwise requires.
(e) 'Principal ~nselfor' means Principal Coo~o( appointed by the High Court and, where Principal ~unsellor is notappo.inted includes Counsellor or CounSellors as the case may be.
(I). 'Rules' means the rues framed by the Government of Bihar in consuftation with the High Court under Section 23 read with Section 5 and 6 of the Family Courts Act. 1964.
(g) Words and expression used but not defined in these rules shan have ~ m~i1ings assiqned to them in the Family Courts Ac~ 1984 or the r Code of eMl Procedure, 1908, as the case may be.
3.Vio.-,cingHours of Courts and their offtceS.-The w~ng hours Of the Courts and their offICeS shall be.the same as the Civif CoIJrts in the State ot Bihar: .
Provide<f that the High Court may fex different wOOQog hours. for office and Sittin9s Of the cOurts locatedin.different districts :,. . . .
'.i . ·PrOVided further that·1bE! COurts may with the~t.o( 1tte partiesand by .
.otd«iitwriting'hokisittiogoo hofidays or beyOnd the ~ ~.~~
4. Place of sittirig of Family Courts.-(1) The court sha" ordinarily f.l<)kf its .
$ilting at such ptaoe or places, as the figh Court maY be notiftcation in the Gazette specify in this ~It.
(2) It the· Judge is Qf .#1e opinion in aoy particulclr case for reasons to . ;«oroed 'nWriticjg ~t .~. t~d .to·GeooolI ~~ cot .~ ~rties or· w:ftnesses or for aqy ofhef pt,fq)(~$eto ~ol~ ~ing at place Olher thah its nrli ......,.'''*, place of sittiOg, he may: hOld tOO sittlfig at sUChplace after notl'ce to the parties ·such Qt~r person as he may consider necessaly.
-:'. ._!,i--. I.~stit~ion of proceediri9.~QThe case Willbe instituted ln the Court ·.e~~a(jUdge or such oUier Judge, as Olcly be designated by the PrifJcipal vuu. IUU.'
olft~ebasis Of plainfo-r apPliCation'present~ Personally or by an advocatf3'or by registered post with acknowledgement due to sUCh·Jud~e.· .
. (ii) .Where a case is institoted on the basis of plaint or appliCation reeeived regi$tered post but transteroo to another CoUrt, intimation-at t,-pnstertoJhe ·~rt shall be sent to the party by registered post on the addr-ess furnished in plaint or application.
. ··01 .- ,'j Family Courts (Patna H.C.) R.nes,2000 [175
6. Transfer of suit or proceeding.- The Principal Judge may at any time . transfer any suit or proceeding pending before him to the file of any other Judge and may likewise withdraw any suit or proceeding any try the same himself.
7.Contents of the plaintlapplication.-In addition to the particulars required to baturnished under Order VII Rule 1 of the Code of Civil Procedure. 1908 and Section 20(1) of the Hindu Marriage ACt. 1955 every plaint/application for Judicial separation, nullity of marriage, divorce and restitution of conjugal rights, shall contain the following particulars.- .
(a) Place and date otmarriage
(b) The names of the parties and their Occupation, places and address where the parties resided and cohabited including the place where they last resided together. .
(c) The names of the childr~n of the marriage and dates of their birth, if any. '"
(d) The particulars of the previous suit or proceeding between the parties, it~, . . .
(e) .If the plaint/application Is for register~ restitution of conjugal rights, the date on or from whl~;' and the circumstances under which, the respondent withdrew from the society of the petitioner.
(f) If the petition-iS for judicial sBWlraoon, the matrimonial offence alleged or other ground~ upon which the relief sought with full' particulars so far as known to the ·petitloner;~.g.-": . .
(i) ..In th~ case ofdesenton, the date and the circumstances under WhiCh it began.
("1 lAthe case of cruelty or sexual Intercourse w~h..another person pther jhan '·hisor.her~Yse, ,particafars ofm~aGfofcrueltY or .sexual intercOurse together with the namea:~=d.<lJress of the.. p.m:son or ~~·;W~:TWI1Qfn tbe ·fEi~imt\;·ful(jf sexual ' intercourse so'as tar~ krioYm to ttte.pe~er.:. .;.. '.'
(iii) In,.~~~,~.e· ot ~::h~p.rosy or ve~fear;dfs~e in 'a ..
cor:nmunicable from the time.when the cf~~n;to manifest ~~ ..t~.na~~eo( 9Y,~~: $t~s ta.. ~ ~!1.,~a~ ad.'.dre...5S. of tt:repemon'a~ ~At~ti.:.~e.~~ect.<J!;~:~a'1d in th~ ca~~·of ~~eat 'dts~r~f it ~~f li6t'.~(~ from 'the .
petitiooor: $00 ... .... .s : -r;" ..' +, (lVl lertilE! case ofr oMS(itindiiEisS·of .mind; . th~ li~: ViNe'" sUch··.
unsoundtless t1egah·~:'~ife$t it~f;< th& '~tsre 'of:curtu~f .
st~ ta1<~n.ths nati;l(rand:~t~sCS Of tmi~niOrFOry-e)t~§:W.kd·:<I,~ . t.r~t.~~Hor~ucfl uns~sefifnint1.1 ","'" ';:'C~ii·~·:r.'l" ~., ~'." '(gj;uit,~ ~iti~n-jSfO~.divO~f:t~ ~~ttlfitoAi~~i~!~~~Of~~~r"lI';'
.~ grQ~_n<::t~;_u.PQnMJOO tb~.tel.ietis:sought wnfl 'M~"'fS%'&..fa·f~ ~,::.....'
known t9 th~petitioner~e.g. . • ;:, ~;:!L:.~ . . ,;... :.il:'
(i) . In the,~~~ otwli,.inlar¥;:sexuat intetoo~·w.itti~a j'ieffipn Qi(f'cet.
. . than his or her spouse after marriage,,flta p~WCUlai~~fth~ act dV.'!'~..
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176 ] Patna High Court Rules acts, occasion and the place when such act or acts was or were committed together with the name and address of the person or persons with whom sexual intercourse was committed.
(ii) In the case of incurable unsoundness of mind, the time when such unsoundness began to manifest itself the nature and period of curative steps taken, the name and address of the person or persons who treated tor such unsoundness of mind.
(iii) In the case of virulent and incurable form of leprosy or venereal disease' in a communicable form, the. time. when the disease oogan to manifest itself, the nature of curative steps taken with the mime and address of the person or persons who treated tor such disease.
and in the case ot ~ea' disease, that itwas 09tcontacted from the petitioner, and ('IV) in.the case of preSumption of death, the pface where the parties last lived together and the date and the Peace when the respondent .was Ias1 seen or heard of as arcw, and.the steps, if any, taken' to ascertaifl his Of her wt1ereabout.
(h)' :It:ibe petitioo is tOr a decr~ of notfity of ~mage ~t~ :grounds . specified m clause (C) or clause(d):OfSW-section (1) of Section 12 of theHIOdu Marriage Act. 1955;·thetirtfeYmeti the fuCtsConstituting the grooods,were d'lSCOYefed;and~rOrnot sexuatmtercOOrse with theconseot of the petitiorier tOok ptaoe after me discovery of' those .laGts. .
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~<:>.;, (i) Whethermatria~haSbOOo regiStef~'t1OderSectiOtl8 otthe Hindu . . Maniage Act 1955. . . ..' . ..• .' . , ." .M~-me~sh3laHtieends~toutUte'(ejtf;(Ofr~:~htiOCfuding " ".~~~#!~"§~ ",.Jij..Costs. ..,. ~fl~~~.".. .
".i" .... ;~;il"(P-~(~~ shai~beissued[to-the·~d~rttintimaUng the date .
. aoo.ti~ forappeara~ in person, ......, " . .." .. ...
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9. Service of Processes.-All processes shall be served in the manner laid down in the Code of Civil Procedure, 1908, personally on the respondent except in exceptional cases where Judge orders otherwise.
10.Settlement.-For the purpose of amicable settlements, the Courts shall maintain separate lists of-
(a) Institutions and organisations engaged in social welfare together with the names and addresses of representatives of such Institution and Organisation.
(b) Persons professionally engaged in promoting family welfare with their addresses.
(c) Persons working in the field of social welfare with their addresses.
11.Procedure for arriving at settlement.-(i) In every suit or proceeding the Judge may at any stage direct the parties to approach a Counsellor on the date and time fixed or on adjourned dates and time, as may be fixed by him, for counselling and amicable settlement of the dispute.
(ii) In case of default, the counsellor may refer the matter to the Judge and thereupon, the Judge may pass such orders including award of cost as the circumstances of the case may require.
(iii) The Counsellor in discharge of his duties may visit the homes of the parties, interview their relatives, friends and employer, if any, and seek such information as may be deemed necessary from them and with the prior permission of the Judge may also refer the parties or either of them to any expert in the field of medicine or psychiatry or seek such assistance of any Institution, organisation or persons referred to in Section 5 of the Act.
(iv) The Counsellor shall maintain a diary of cases assigned to him, which shall contain the gist of the steps taken in the particular case.
(v) Information gathered by the Counsellor or any statement made before him or any note or report prepared by him shall be treated as confidential and he shall not be called upon to disclose such information, statement, note or report, nor he shall be asked to give evidence in respect of such information, statement, note or report in any Court except with the consent of both the parties .
(vi) The counsellor shall submit to the Judge a report containing the details of the homes of the parties, their personal income and status and their relationship with the child/children in order to assist the Judge in deciding the question of custody or guardianship of any child/children of the marriage or amount of maintenance/ alimony.
(vii) The Judge may ask the Counsellor to submit report on any other matter which the Judge considers necessary.
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(viii) Copy of the report may be supplied to the parties on request. .
(ix) The parties will be entitled to make their submissions on the report.
(x) Where the parties arrive at a settlement relating to the dispute or any part thereof before the Counsellor, such settlement shall be reduced to writing and signed by them and counter-signed by the Counsellor who shall immediately forward the same to the Court concerned.
(xi) Cohabitation between the parties in course of counselling or conciliation proceeding will not be deemed to be condonation of the matrimonial offence.
12.Proceedings in Court.-(i) On the date fixed for appearance, whether the defendant appears or not, the plaint, petition or application, as the case may be, shall be placed for direction before the Judge in seisin of the case.
(ii) Where in course of the conciliation proceeding a settlement is arrived at with respect to whole or part of the dispute on receipt of the settlement papers the Judge shall pronounce the decree/order in terms thereof with respect to whole or part of the dispute, as the case may be, unless he considers the terms as unconscionable or unlawful.
(iii) Where the parties fail to arrive at any settlement, the Judge shall fix the case for evidence and the date so fixed prepare memorandum of substance of evidence as provided under Section 15 of the Act.
(iv) (a) on the request of either party, and if the Judge thinks it fit and proper, the evidence may be permitted to be recorded on a Tape-recorder.
(b) Such evidence recorded on tape shall be part of the record and kept in safe-custody of the Court.
(c) Where an appeal or revision is filed against the Judgment of the court, a party may apply for transcript copy of such evidence, which shall be Supplied to him on payment of the prescribed fee. '
13.Supplementary Provisions.-(i) The Judge may require the counsellor to superivise guide or assist the reconciled counsels even after disposal of the case for such further period as he considers fit and proper.
(ii) The Judge may require the counsellor to supervise the condition of the child in custody of a party and to pay supervised visits to the home where the child resides even, in a case where the decree or order has been passed.
(iii) The Counsellor may after such visit, submit report to the Judge and suggest modifications whereupon the Judge may pass such order as he deems fit and proper after notice to the parties. .
14. Representation by Legal practitioners.-(i) The Judge may permit the parties to be represented by legal practitioner keeping in view the nature of the controversy, the pomts involved, the education, understanding and other relevant considerations forming the background of the parties, after recording brief reasons for granting such permission.
(ii) Permission may be revoked at any stage of the proceeding if the Judge considers it fit and proper for expeditious disposal of the proceeding.
(iii) Where such application is made for representation by legal practitioner, before passing any order the Court shall give notice to the either side .
•