P.P. Naolekar, J.-Petitioner Sarla Sharma has challenged insertion of Rule 22 in Chapter-IV of the Rajasthan (High Court) Family Court (Amendment) Rules, 1994 (hereinafter shall be referred to as ‘the Rules of 1994’) vide Notification No. GenIXV/(a)/3/87/709 dated 14.1996 on the ground that the Rule 22 framed by the High Court is ultra vires being contrary to the scope, object and mandate of Section 13 of the Family Courts Act, 1984 (hereinafter shall be referred to as ‘the Act of 1984’).

2. TheAct of 1984 has been framed for setting up the Family Courts for the settlement of family disputes, where emphasis is laid on conciliation and achieving socially desirable results and adherence to rigid rules of procedure and evidence is eliminated. The Law Commission in its 59th report (1974) had stressed that in dealing with disputes concerning the family the Court ought to adopt and approach radically different from that adopted in ordinary civil proceedings and that it should make reasonable efforts at settlement before the commencement of trial. The Commission recommended establishment of family Courts for speedy settlement of family disputes. The Bill, inter alia, seeks to pro