* N '• * wt RULES FOR MAHARASHTRA, HIGH COURT RULES The Family Courts (Court) Rules, 21 of the Family Courts Act 1984 behalf, the Honourable the Chief 988:- In exercise of the powers conferred by Secti'ofi (No. 66 of. 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 F A M I L Y C O U R T S ( C O U R T ) R U L E S 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 thiijjL- Family Courts in the State of Maharashtra. - . • • _'.. W i p ' • * " • ' • • - • - • • ' • • • ' • • ; • ' " ••'•sMm Short title, commencement and application.- (1) These rules maybe called the Familj^L Courts (Court) Rules, 1988.
(2)
(3)
(4)
(a)
(b)
(c) <d)
(e)
(f) come into force on apply to the Family Courts established in the Staterfl Counselling Centre;
e Family court established under Section .
These Rules shall These Rules shal of Maharashtra under Section 3 of the Family Courts Act, 1984.
Definitions.* In these rules, unless the context otherwise requires.
"Act" means the Family Courts Act,{984;
"'Centre" means a "Court" means th Act;
"Petition" shall include an application under Chapter IX ofvtjf?
Criminal Procedure Code unless the subject matter or context requirl otherwise; '•.;• '•}% "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 : • •• i i i i ^ R ""Family Court Rules •" means Rules framed by the Gbvemmen.t:i;0.f|^»^ Maharashtra in consultation with the High Court under SeCTfipr 23 read with Sectibns o.and 6 of the Family Courts Act, 1.984. A!i®' •..,••; •;•. Institution ofProceedings• andSerx-ice r.
•,:y~*.'\ (5) Institution of Proceedings.- • All proceedings instituted befpnl Family Court shall be by way of a pjtition. In respect of applications under. Chapt | | bf the Criminal Procedure Code, however.the provisions of that Code will'appjj^i
(6) Filingof'Petition in'duplicate.-. A petition or any other appltp . shall'be filed in duplicate. One copy of such petition or application shall be'foipfi by the Registrar of the Family court to the PrincipaKCounseirof forthwith.
(7) Summons to respondent.- In all matters other than those;'
Chapter JX of the- Criminal procedure Co.de the Writ of Summons to appear and^^ shall be in form No. 1 as set put in the appendix with such variatjdn$| .circumstances of the case may requite. . . . 1 ." :0- http://Co.de m i ^ 40
(8) Name and address of the* nanv nr rf /he -i,/r(»-ege ?c>- fe sleeted ;';;
every process.- The namt^and address of a party or of the advocate appearing for a party shall be stated in every Writ of Summons, Witness Summons. Interim,.
application, Notice. WarranCancl every ptfoco^ r l ' t h e court i>>ued at the tns tanccof such party or Advocate.
(9) Summonses, etc. how attested and signed.- All Writ of Summons, Rules, Orders, Warrants and other mandatory processes shall be sealed with the seal of the court and shall be signed by the Register adding thereto, the date of signing.
(10) Sealing of Summons, rule, decree.* The seal of the court shall not be affixed to any Writ of Summons, Rule, "Order, Warrant, or other mandatory process, unless the same is signed by the Officer off the Court to be called the sealer and unless the name of the party or his Advocate on record is subscribed thereto. The date of the sealing shall be inserted below the signature of the sealer.
(11) Returnable date of Summons.- Unless otherwise ordered, the Writ of Summons shall be made returnable three weeks after the date of the filing of the petition, if the respondent resides within t ie local limits of the Court, and five weeks after the date of the filing of the petition, if the respondent resides outside the said limits. The returnable date shall be fixed on the day of the week fixed for giving directions as provided in Rules 23 and 24/
(12). Mode of'Sen-ice of Sumihons,-. A Writ of.Summons shall be served in the manner prescribed in the Code of Civil Procedure save and except in proceedings under Chapter IX of the Criminal Procedure Code where the provisions of that Code will apply. • • • » ! • ' '••••-• '• • ••''- " - ' • ' '"'."'••'".
(13) • Writ of Summons and other process not to be served on Saturdays, Sunday's and Holidays^ No Writ of Summons or other process' shall be served on Saturdays, Sundays or on Holidays notified by the Court, except by leave of the Court.-
(14) iS«?nvW '4it advocate's office not to be effected after 6 p.m. on ireek da)'s and J.30 p.m. on Saturdays.-.'Ho \yrit of Summons or other process shall be served at'the office of an Advocate after 6 p.m. on week days and 1.30 p.m. on Saturdays. ' ,. ; j , (1.5) Undertaking by ad\-ocate to accept sendee.- A Writ of .Summons • need not be served ona respondent personally, if his advocate undertakes, in. writing ^o..
accept service and to file a Vakalatnarjja. An Advocate, filing his VakalatnaYna, however, shall not be entitled to appear in court and/or plead; his client's case in Court :
without obtaining the leave of the Court.as; prescribed under Rule 37.
(16) l Only one writ may bespn>ed. when aa\-ocate appears for sen-era/ respondents.- Where an Advocate undertakes in writing to accept service a,nd to'file a Vakalatnama on behalf of more respondents than one; it shall be sufficient to serve only one Writ of Summons on the said advocateion behalf of his clients. ;
(17). Co/?)' of petition ^̂ ^̂ iê q̂n̂ Â Ê̂ V̂̂ C*' -̂ l̂̂ t̂ ĝî fî fsfiKQi/̂ t̂i -Any.* V̂ ejsjporiidoî t:
or his Advocate applying to the petitioner or. his Advocate on record for a copy of the petition and exhibits annexed theretp'shali be furnished with the same but where several' .
of the respondents are.represented by the s4me advocate, it shall be sufficient to supply one copy of the petition and exhibits to such Advocate.: . j
Provided that if, the application i|s"made after the passing of a decree in a petition, such copies need only be furnisjhed to the respondent or his advocate on payment of copying charges." . . ; . ; • * they sumr ."to wl the P direel aftenc shall, be pn couns mind the un duties file:///yrit 33 JtS- 450 ,. (18) • Power to direct issue of fresh snmmons.- Whenever upon the further •amerid-ffte-tit of any Writ of Summons the Registrar shall be of opinion that a fresh Writ of Summons should be substituted, he shall direct it to be done and .such fresh Writ of Summons shall be prepared by the Petitioner or his Advocate on record and be examined, signed and sealed by the proper officer. • , . ,
(19) Proof of service of summons.- Unless the Court shall otherwise pi der, # the service of a summons to appear and answer shall "be proved by the vakalatriama •having been filed or when no vakalatnama has been filed, by evidence showing that the summons was served in the manner provided by .the Code of Civil Procedure. Such proof shall ordinarily be 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 the purpose of identification at the time of servie'e, or of such other person or persons as .can speak to the identity of the person servedor to other matters necessary to be proved in respect of the service. . * , „., -
(20)' When service through Conn.- When the summo'ns has been served.
through another court, the Service may be proved (by an affidavit of process served sworn before an officer of the court through which the service was effected.
(21) Substituted service.- Application for substituted service of the Writ of summons shall be made to the Registrar. The application shall be supported by an .
affidavit, and in the case of service through another Court, by.,the affidavit of the Officer who attempted to make the service, and of such other periori or persons as may' have accompanied him for the purpose of pointing out the party to be served stating when, where and howsuch service was attempted to be made. 1
(22) • . Dismissal of 'petition if'summons not sen-ed within six months.- If the Writ of Summons is riot served within six months from the date of the filing of the petition, the Registrar shall unless good cause is shown, place the petition on board for petitions on-his notice'board one week before dismrss*lf,The Registrar shall notify such they are placed on the board for dismissal Proceedings in Court . t .
(23) Directions on the returnable date.- On the returnable, date of the summons, the petition shall be placed fordirections befo're a judge of the Family Court "to whom this work may be assigned by the Principal Judge of the Family Court.
(24), Date' of giving directions.- One day in a week shall be designated by the Principal Judge for the giving of such directions • (25) Presence of Counsellor- in Court.- On the date fixed for giving directiohs, the Principal Counsellor or sich other counsellor designated by him shall attend the court of the iudsie giving directiDns.- • (-26) Direction .to attend coinsenor.- When giving directions, the-Judge shall, in consultation with the Principal Counsellor or such other counsellor who may be present in court, direcHhe parties to atjtend a specified counsellor for the purpose of counselling.
. (27) Selection of counsel/or mind the convenience of the parties, thei" special requirements and the area in which 'the unit of which that counsellor is attached is located.
(28) " The procedure before Such counsellor shall be chosen bearing in the Counsellor, • the powers, functions and duties of counsellors and the protection granted to them in the discharge of their duties % I •M slii the . CO I ., set • 'me • she fix asc ' coi .be •fol!
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i | if *' • : S 1 " i -si shall be as prescribed in'the Family*Count.Rules, 1987. The reports to be submitted by the counsellors to the Family Court shall also be as prescribed in the said Rules. • Hearing of Petitions in C 'ourt
(29) Filing memorandum in c ourt.
counselIoi"comiWto an end'and on the counsellor filing a memorandum in the petition On the proceedings before the befi ore niTn, me setting out the outcome of ^Jie proceedings.
'meeting of the parties to fix a date of hearing j)f the petition. Intimation ot such meetim shall be given to the parties by registered post]or personally.
(30) Meeting befor% Registrar.- KX the meeting so fixed the Registrar shall fix a date of hearing after consulting both the parties.
(31) Ascertaining lime to be- 'taken in hearing.- Registrar shall- also •ascertain from the parties the'approximate the to be taken by each party before.the ; court for the hearing of the matter. On the date of hearing the time so .ascertained shall be kept free for the disposal of the matter.. Such time shall be kept available on;the •following consecutive .working days also if thfe matter is likely to take more than a day.
(3Y) Consequence of absence before the Registrar.- \n the event of any party remaining absent at the meeting calle^ by the Registrar, the.Registrar shall fix |such date of hearing as-he may deem fit, Registrar shall fix a date at least tour weeks bfter the date of the meeting. j . • *•-• (33) ' Piac/ng the petition on the board of the Court.- On the date so fixed bv the Registrar "the petition shall'be placed on the board of the court for hearing and' final disposal. The time allotted to the parties (3 4) A djburned role of hearing, shall also be indicated on the board.
Any party finding the date fixed by.the the ourt i by.
;mg' .hall i.dge may ;e ofig m hich.!
IFRe«istrar unsuitable for any.reason may get il altered by the Registrar after noticejo.the ifother side not less thanVvo weeks before the [scheduled date of hearing. ..
(35) Registrar not to alter date.- The Registrar shall not ordinarily alter f:jhe date when the date has been fixed in the presence of both the sides.
(36) ' Adjournment by the Cou adjourned by the Court unless 'there are exceptional circumstances justifying such I adjournment and unless they are'such as cou d not have been foreseen when the date of.
' ['.hearing was fixed before the*RegistrariThe Cjourt shall record its reasons for adjourning ilia matter. / •
(37) Permission fur represent d '• fehe parties to be represented by a lawyer in •/.- The petition so fixed shall not. be ion by a lawyer.- The Court may permit Court. Such permission may be granted if and',,:":
uti#tl C a IT The disc tape mer oftl revi appl shal appi Crir Cou bfn' t i l t U U U I b J fcW <J^ . . v ^ * > . w ' '— "j ~ ' - J . • .- the case involves ;ebmpHeated questions of law. of fact, if the court is of the view that the -party in persotvwill not be in S position tj> conduct his or her case adequately or for • Janv other reasons, The reason 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 ' |he Court considers it just and necessary. ".
(38) Time for making application.- An application by a party, for. being Represented by a lawyer in court shalhbe m'aJde by such party to the-court after notice to :^M-.
| h e other side. Such ah application shall be [made not less than two weeks prior to the l a t e fixed for hearing of the petition, i sepa inter inter by ci than Fam by accp his/h g) (y 452
(39) Application not to be entertained at the hearing.-uSuch an application shall not be entertained after the petition a lawyer to represent independently any is placed for bearing on the daily board of the Court, unless there are exceptional circumstances justifying such late application.
(40) Independent legal representation of a minor.- The Court may appoint minor affected by litigation before the Court.
The Court may give suitable directions regarding fees to be paid to such a lawyer.
i ** • • . ' The Court may appoint a lawyer amicus cuYiae to assist the court in; the discharge of its duties.
(41)"... Tape-recording of evidence- Evidence given before the court shall be tape recorded.
(42) Memorandum of evidence.- The Court shall also prepare a memorandum of substance of what the vj'itness deposes as pajescribed under Section 15 of the Family Courts Act, 1984.
(43) Transicript of tape-recorded evidence.- In the event of any appeal or urt, a party may within thirty d^ys thereafter e tape-recorded evidence. Such transcription shall be supplied to the party concerned cjn payment of prescribed fees.
(44) Provisions of Civil Procedure Code and Criminal Procedure Code to of the Code of- Civil Procedure pr.the Code of Criminal Proceftire as the:case iiiay be. shall apply fothe proceedings before the Family C o u r t / - . ; • ' • •• • A proceeding before the Family Com shall- not become invalid by reason only, of non-compliance with any of the procedural requirements prescribed herein.
revision being filed before the High Co apply to the court for transcription of tl Interim Applications ..'(45)' Interim applications.- lAHinterirri applications to the Court shall be separately numbered as 'Interim Application No. ....... In; .Petition No.
(46) Interim applications while, matter is pending before Counsellor^- An interim application may be made even while'me matter is pepding.before a Counsellor.
(47) Report from the Counsellor.- The Court may ask the counsellor to submit an interim report for the purposes of such an application before deciding an interim application. The Family Court Rules, 1988 relating to reports to be submitted by counsellors, shall mutatis mutandis apply to interim reports also.
m Gudrdidnship'
(48) '" Applications for Guar than applications over which the High Family Court.' • . (49): Contentsofapplicatio, by a person other than the natural par accom'pa*med by'a Home Study Report his/her.spouse, if any, prepared by an dianship.- All petitions for guardianship other Court-has jurisdiction, shall be filed before the • Every petition for guardianship, when it'is?
*nt or natural,guardian of the cjrild shall b&M of the person asking for such guardianship and?g approved family welfare agency or.a suitable,' > - ' :
t in the.
: shall be M • am Is epare a '§§ ;ction 15 . Jf ppeal- or hereafter.;. 1 iscription | | i Caak to z Code o | J l le Family;1?!
• • . • ' . v . ; i ison Onty,7|ff i t shall 'ber%j iti'on No. .
tellor.- An t vl lounsellor unsellor t o j | leciding an : submitted 4 inship bthefe i before thetf . when it'is^M?- ild shall b e W l i i a n s h i $ ^ d | | | | | >r a'suita'tle| • " • ' ^ a * • • • •V-3B 45:
trained social worker. A list of such agencies and/or persons shall be prepared by the Principal-Judge and Principal Counsellor in consultation yyith the High Court.
':'.'; v('5G)"' HomeStudy in respect of application by a foreigner.- When a petition for. guardianship is filed by. a foreigner the court may accept a Home Study Report prepared;by a recognised fanily welfare agency- of the country where the foreigner resides.
5:"'-..'.':-'-''«(5'0"'. ' Contents*of petitidn accompanied by :- Every .petition foi; guardianship; shall be of, the : (i.) Two recommendations. from respectable;..members ' -V community.
(ii) A Salary Certificate or statement relating to the annual income of the petitioner arid his financial position. . •*..
(iii) *A Health- Certiiicate of the petitioner and his/her spousesigned by a medical practitioner as also a medical report regarding.
• sterility of thepetitioner and/or spoused • .. ... ' , : .
(iy) A HealtJi Certificate of the child proposed': to be. taken in .
• • i : guardianship signed by a medical jiractitioner and countersigned I -.".,' by tli^ petitioner. • . '• ••
(v) A Child Study* Report of the child proposed to be- taken in guardianship together with a photograph of tHe;ehitd;,:;Such repprfS shall, be in Form No.3 prescribed.in the appendix when the child' 0 ' is institutionalised or court commit ted . The report shall; becountersigned by the petitioner. :'-,, • • . . ' . .'. ;.
(vi) A declaration from the proposed guardian and his/her spouse,;if;;
-. •' •'•-' any, expressing their wil l ingness t o ' take the child 'in?
• '.'.'•• " guardianship. \.'."..'•• '."'•'
(52) • Applications by Foreigners.- When a petitioner applying for Guardianship is a foreigner, the petition wi l l also be accompanied by:- ; ,.
(i) ',;.'.• Permission from the count ry 'where the petitioner resides, for the -,': ' ''•';.'•' child to enter t h ; country, • . ..' : ';' : i-^, ? ; . . . , J •4(}\) '*•• ' An under tak ing 'by a recognised family welfare, a'gehcy o f the country cdnceriled to s u p e r v i s e t h e child in the :hofne o f the!
' ;\ • ' ' : petitioner.until the child is legally adopted. . •. ' . ? . ".-••'•••'-,..• , (53) Adoption under the. law of the country where: the foreigner•: residesA tfj granti.Bg a petition of a 'foreigner f i r guardianship, the Court shall'satisfy itself that the child can be,,-legally adop ted .by a foreigner under the law 6f the,;country:; where he/she resides.,. '-'••.•:" .'-..". '•••:'--':/';:}-:i: •'"•'•..'.
(54) " Bdf$d.-. The Court niay qireci9.f&.reign;p$tit?Qp|er>J<):gfye..a^t><5o$i!.i63«rj such amount as it may think proper for the return o f ' t h e / C h i l d t ^ d i f f i c u l t y . ... . •.'••:':•;'''•. •'• - . ' " ^ V . ' • • • • ; ' { • • ' : - : ' v;-**^v"^t-.rv*^'-^*i•^^-'r'^!-••C^^'0^v?^?.--',.Y:'•w'f.^'-'a ' (55)v Financial security of the minor.- While granting a petition for -guardianship, the court may pass such orders as it may deem proper for the financial ;securitybf the minor.
h': '••%/". (56) '-..'• ': Colh&ifofnaturpjfaM bei.;giye'n.in guardianship is an abandoned child thei-Court'.'shall s a t i s f y . i t s ^ f ^ ^ ^ ^ d | e i ^ Q f : t » natural .mother' was taken at the tin e of .abandonment- of th^cWdrfii' a i any time thereafter* to the child"s being given in guardianship to another. person. Tlje name of;
• n : i . . . . ' . • • : ; • 454 also*1 the consent letter from natural parent shall ;r shall be kept in a sealed rover.
institution.- ^When the child being placed in from an institution for abandoned children, thei« out the circumstances under which the child the natural mother or natural father ag be treated as confidential. Consent lett
(57) Affidavit of the guardianship is an abandoned child institution shall file an affidavit setti was abandoned. The affidavit shall a|so set out whether the institution is agreeable to the child being given in guardianship to the petitioner
(58)' Attempts for placem entertain a .petition for guardianship * »nt in India.- The Court, in its discretion may not by a foreigner unless the court is satisfied that adequate attempts for at least three months of such other period as the court deem fit have first been made to place the child in ah, Indian Home. For this purpose the Courtmay ask the petitioner to obtain a no objection letter'from a Voluntary Co-ordinating Aseficy or anv other similar organislation working for the placement of children in IndiamHomes.
(59) Application by a related person.- When the proposed guardian is related to the child, the court may dispense'with any of the above provisions.
(60) Form of order.- a guardianship .order shall be in the form No.2 prescribed in the appendix with such modifications as may be required in each case. A photograph of the child signed by an Authorised officer of the court shall be attached to the order. I
(61) Copy to be forwarded to Ministry of Social Welfare.- A copy of every guardianship order appointing a foreigner as a guardian shall be forwarded to the Ministry of Social Welfare, Government of India and Social Welfare and Cultural Affairs Departinent,Government of Maharashtra, Mantralaya, Bombay 400 032.
The Court shall have the power to waive the requirements of any of the above rules reJating to petitions for guardians hip to a suitable case.
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 maimer as,the Court may deem fit.
APPENDIX IFORM NO. 1 * Petition No.'
To, ' • IN THE FAMIIJY COURT AT BOMBAY > of 19 , i..... •.-. Petitioner, versus .., ? .' (Respondent) .-Whereas the abovenamed petitioner has instituted a petition against you, as set out in the petition (annexe the petition) You are hereby required to file| in this Court an appearance in person or a vakalatnama with the permission of tljie Court-within 3 weeks from the service of this summons upon you.
•And whereas, the suit will be plajced for directions on the board of the Judge on the Day of . . .v. . . . ; . . . . . . . . . . . . . .
155 You are hereby summoned to appear before the Judge to answer the petitioners claim on the said Day of 19 , at 11 O'Clock in the forenoon, and Take notice that-on the day before mentioned after hearing parties who appear.
directions will be given by the Judge as tolhe date of hearing before a counsellor o'fthe family Court and other matters concerning the petition, and . Take further notice that if you fai vakalatnama as directed above, or if you to file your appearance in person or a fail to appear before the Judge on the day before mentioned the petition may be ordered to be set down on Board on the same day or any subsequent day as "'undefended" and you will be liable to have a decree or order passed against you. .
Wintess .• "Principal Judge at-Muijnbai, aforesaid this day of . ; . .19.
Registrar.
Sealer '•'.
The day of. . 1 9 Petitioner/Advocate for the Petitionee Address- , • FORM NO. 2 IN THE FAMILY COURT AT Petition No. , ^ of 19 . • ' • In the matter of the Guardians and Wards. \cx, 1890;
And • . ' In the matter of the appointment of guardian of the person of a male/female minor-.
and inmate of petitioner of...*'. petitioner.
UPON READING the petition of the petitioner therein, dated For the appointment'of the petitioner as t̂he legal guardian of male/female .minor born on and to adopt the said minor and upon hearing ........ in support comply with £he guidelines contained in t Writ Petition (CRL) No. 1171 of 19.82 as his son/daughter according to the Laws of of the said petition and upon agreeing to" :ie Judgment'of the Supreme Court of India in (Laxmi Kant Pandey v. Union of India) AIR 1984 Supreme Court, P. 469 and upon hearing the affidavit of,. consenting to the • appointment of the petitioner as the bgal guardian of the said minor and.uponconsidering the representation.made by and upon hearing the representative of the said and upon the petitioner hereby giving an undertaking to this Honourable Court to produce the said mi'jior whenever required and further undertaking to communicate the address of the said-njiinor to the authorities of '.'. by ....... of ever)' year and further undertaking to tawe proper care, look after, educate and to bring up the said minor as if she/he was a child of the petitioner and further undertaking to treat the said minor on an equal footing with his natural and/or adopted children! if any, in all matters of maintenance, educatiojn and succession and before taking the said' minor out of India the petitioner further-undertaking to execute a Bond either personally or through his duly constituted attorney in India in favour of the Registrar of this Honourable Court in the sura of Rs. .... to repatriate the said minor to India: by air should it become necessary for any reason to do so and further undertaking to .adopt the said minor within a period of two years after the arrival of the said minor to. his home <:.
T S pear.
fthe or a day.
: day arder >r ed .... ,' )r ..... m iw.i O.f .
:ingto" idia in i) AIR' to the • upon • ntative to this rtaking ... of 3 bring icing to if any, ie said' sonally of this i by air lopt the s home * 456 according to the laws of ..... and further undertaking/to submit to the Honourable Court every tbwje'months for the first two years and every .six* months for* the next-three years progress report of the said child (along with his/hei* recent photograph)made or verified as corrected by the organisation which rnade'the,Home Study Report herein regarding the'said minor's moral and material progress and'her adjustment in the petitioner's family with information of the date of arriVal of the'said minor- from India to the petitioner's Home and the true copy of he adoption order with the copies of the said reports to the said. .... and further ...... the.agency who has submitted the same study report of the petitioner agreeing that in case of disruption of the petitioner's family before adoption the said agency shall jtake' care 'of the minor and find a suitable alternative placement for it with the approvalof the institution whose inmate the minor is and report such alternative placement to the. Honourable Court and also to the , I of the Guardians and Wards Act. 1890 be and do &rther order that the petitioner.... be and security and without remuneration of the said photograph duly certified as such ,.. and countersigned .by an officer of this Honourable Court is attached hereto and marked as Exhibit "Ar and now in the custody and carepf the authorities of the said ......... and I do further order that after executing the bond, as aforesaid the petitioner be and the said minor fro#i the jurisdiction of this ay to • or wherever he may desire aind for passport authorities or any other authorities to 'isdiction of this Honourable Court and 1 do hereby lastly order that the petitioner hereim-do pay a sum of Rs to the said ..,.'; - towards their costs of the petition.
do order that the notice under Setion 11 the same is hereby dispensed with and I he is hereby appointed guardian without minor bom on whose last he is hereby granted leave to remove Honourable court and to take him/her aw that purpose make an application to the take away the said minor out of the ju . Dated this day of (deletejivjiateve'r is not applicable) Advocate fpr the Petitioner 19 Juttee EXHIBIT 'A ' • , Certified latest photograph of male/female minor ....... born on Registrar, .
Family Court CHILD STUDY FORM • Information on the Child is to be pladed in Guardianship Name of the Child .... Passport Size Photo of the child.
Name of the Institutions Address ...
PARTI IV Name of the Child
2. . Reference No. as per General Register of the Institution
3. • Present Age .. . .
4. Sex .:..:..7 * ''M :;« m , y , . • mm 457
6.
7.
PART II Religion (If known) Date of Birth (If available).
Place of Birth (If available)
1. "Petition No. ..
2. Name of the petitioner .... .
3 . Complete Address of me petitioner
PART III (Legal Data) * (To be filled for Court Committed Children-ohly)
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.
Please enclose a copy of the report submitted to the juvenile Court at the time o f
PART IV (Social Data) of the Probation Officer which he/she has commitment of the child "̂ 1
1. How the child came to your institution : - . ' . -*-**;•
(a) •* admitted directly •* •
(b) Vacancy was reserved and.ihen got committed. . . • ' . " •
(c) Transfer from any other ins iitution and if so which one. • .
; (d) Any other source.
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. .
.6. Whether the relatives iiave established by contacts with the child after his/her admission to your institution."
7 . ' If the child is purely destitute^ give, fjctors which will show that :
8. Any other information omwhich yoi^ would like to add. • •
PART V (Behaviours, Observations) How long the child is with you in your institution ? • ' .
•. Attitude towards other inmates. # Relationship towards relatives, staff and other adults. . " Intelligence (if and where-possible, I .Q. report should be enclosed) General personality and description of the child.
Play activity and any specific talent.
Observer's impressions about the child.
Please indicate how the parent plan 3f rehabilitation will be useful to the child taking into consideration the chi!d's.heeds and temps If the child is school-going give- i detailed report .about his/'her standard,.
attendance, general interest in studies, progress, defects, if any.
P D e> se oi h< > .
• £ : • • : , * . • • ~~*ZL "' -' »
10. Any other information.
PART VIII iiId'from the country, should be conveyed,to the suiting agency for the purpose; of follow up.
H! •• I, ' Shri/Smt Superintendent hereby certify that the . information given in this form about the child is correct. .
• . .i.aJso enclose herewith the certificate/attested copies of the following documents:
• 1 ,
2.
J .
4.
Place Date Copy of the Court Warrant.
•Copy of the report of the Probation Officer.
Consent of the parents to giv; away the child.
Consent of the adoptive parerts to accept the.child (Man. Govt. Gazette di:. 1.9.1988, Part 4-C, pp.425/438).
. MAHRASHTRA S t ATE GOVERNMENT RULES Maharashtra Family Courts Rules, 1987- No. IIMA, 1685/1125(149)-X.- In exercise of the powers'conferred by c|auses (b), (c) and(e) of sub-section (2) and sub-.
section (1) of Section 23 read with Sections 5 and 6 of tile Family Courts Act, 1984 (66/,, of 1984), the Government of Maharashtra, after consultation with the High Court,.;
hereby makes the following rules, namely :- -,
1. • Short title, commencement and application.- * • -4
(i) .. These rules may be called the Maharashtra Family Courts Rules, 1987|
(ii) These rules shall come into force on the 1st day of May, 1987, ' *•§
(iii) ' These rules shall app Maharashtra, under Section 3
2. Definitions.- In these 3
PART. VJ Physical and Medical report form enclosed.
PART VII
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;
Note.-. Date of Departure of the c Director of Child Welfare and cor Signature Name Designation ..... : :^S!
y to the Family. Courts established in the State o | | l l S ^ f t ' i r f ] of the Family Courts Act, 1984. - '• Wk\ rules, unless the context otherwise requires,-
(a) "Act" means the Family Courts Act, 1984;
'(b) "Centre" means a Counselling Centre;
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i 1 448 A fAi/^'':0^y«>;\ THE HIGH COURT OF JUDICATURE AT BOMBAY * APPELLATE SIDE ^NOTIFICATION No. P. 0102/76- The Honourable the Chief Justice and Judges are pleased to direct that the following amendrrtent be maae in the Family Courts Court) Rules, 1988 framed by the High Court under section 21 ^f the Family Court Act, 1984 :-
PART /ij^" Substitute the following Rule 5(1) anc ^ Courts (Court) ules, 1988:-
5. Institution of Proceedings v
(2) for the existing Rule 5 of the Family' In respect of applications under Chapter E the provisions of that Code will apply.
(1) All proceedings instituted before a'Family Court shall be by way of a Petition.
of-the Criminal Procedure Code, however ( (2) In all1 the petitions and applications under Chapter IX of. the Criminal Procedure Code, where one of the parties claims to be married to the other, the cause titie may contain the maiden name as well as the name post marriage, of the parties thereto, if there is a change in the,name afte^ marriage.
. Provided that where the change in name of a party post marriage, is notified in the Official Gazette!; such party shall be arrayed with the name as notified in the Official Gazette, in additio&to the maiden name:
Provided further that where a wife'has not changed her name after marriage by ' publishing notice in the Official Gazette, she may continue.to mention her maiden naras
Provided further that where a wife^has publishing notice in the Official Gazette, name.
• * • • • ' • • ' . « - : ' • ' • • . • ' • ' • PARTli not changed her name after marriage by she may continue to mention her maiden Substitute the following Rule 19. (1) and (2) for the existing Rule 19 of the Family Courts (Court"^ Rules, 1988...
19. Proof'of service of summons:- (1)1 Save in cases provided for in Sub-Rule (2).
and unless the Court shall otherwise order, the Service of a Summons to appear, and 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 r ; | ry c u i-.fi:
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service or of such other person or persons as can speak to the identity of the person served or to other matters necessary to DG proved in respect of the-service.
(2) In case where the petitioner and respondent reside at one and the same address, in addition to the proof of service as provided by Sub-Rule (.1),*the Court 'shall direct'the party, desiring to establish proof of service of Writ of Summons, to file an affidavit, precisely indicating the date, time and mode of service of Writ of Summons upon the opponent and the service of Wri&of Summons shaU not be deemed to have been proved unless such affidavit is filed. . * j . • .-
PART III \ ^ Add the Sub-Rule (B) and (C <^the Family Courts (Court) Rules, 1988 of Rule 44 alter the Sub-Rule (A) of Ruie 44 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.
(2) • The Court shall endeavor to pass the judgement/final order, on the date fixed under Sub-Rule (1), in the presence of fie parties'. . - . /* • . ' . ' , ,
(3) The parties to such proceedings, shall remain present in the Court on the date.
fixed under Sub-Rule (1) to hear the pronouncement of judgemeiit/final order:
Provided that, this rule shall not apply to the parties who ordinarily reside beyond the territorial limits of India:
Provided further that the Court may in ark appropriate case, for sufficient cause, exefnpt any party from appearance in the Court, to hear the pronouncement of judgement/final order, and shall record reasons for granting such exemption. '*»
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.
Government of Maharashtra Gazette, Pijirt-1 VTG Thursday to Wednesday October27-Nbvemberi/20li^Kartik;;;-l lVShakeJ933 :
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