Use our app for the best experience
Available for Android & iOS
FAMILY COURTS (JHARKHAND HIGH COURT) RULES, 2004
.--(a) These rules may be'called the Family Courts (Jharkhand High Court) Rules, 2004.
(b) Commencement.--These rules shall come into force from 15th August, 2004.
(c) Application.--These rules shall apply to the Family Courts established in the State of Jharkhand under Section 3 of the Family Courts Act, 1984.
In these rules, unless the context otherwise requires-
(a) "Act" means the Family Courts Act, 1984;
(b) "Centre" means a counselling centre;
(c) "Counsellor" means a person referred to in Section 6 of the Act;
(d) "Court" means the Family Court established under Section 3 of the Act;
(e) "High Court" means the High Court of Jharkhand;
(f) "Institution" means any institution or organisation engaged in social welfare;
(g) "Petition" shall include an application under Chapter IX of the Criminal Procedure Code, unless the subject matter or context requires otherwise;
(h) All o
.--(i) The office of the Family Court shall be open daily except authorised holidays for transaction of office work between 10.00 a.m. and 5.00 p.m.
(ii) The Judges of the Family Court shall ordinarily sit in the Court between 10.30 a.m. - 4.30 p.m. on working days of the Family Court with recess between 1.00 p.m. - 1.30 p.m.
(iii) The Judges may, for expedience, hold proceedings of the Court beyond the working hours as prescribed in sub-rule (ii) above, and even on holidays:
Provided no such proceedings shall be held under sub-rule (iii) except with the consent of the parties to the proceeding.
(iv) The Family Court shall hold its sitting in open or in camera as determined by it in each case, but shall hold the proceedings in camera if either party
The Judge of the Family Court may hold sitting at places other than the ordinary place of sitting in consultation with the parties to the proceedings; the provision of the Legal Aid Scheme may be invoked in appropriate cases in the proceedings under the Act.
.--(a) All proceedings instituted before a Family Court shall be by way of an application as per Form No.1 appended to these rules which should be duly verified by the petitioner. Interlocutory application in the proceeding to be instituted or already instituted shall be filed in Form No.2 after being duly verified by the applicant.
The petition in Form No. 1 or the interlocutory application in Form No. 2 can be in any language falling in Schedule VIII to the Constitution.
(b) There shall be no Court fee or any other fee in respect of any petition or any interlocutory application filed before the Family Court.
(c) In respect of application under Section 125 of Cr.P.C. or other application under Chapter IX of the Criminal Procedure Code the provision of that Code will apply.
&nbs
A petition or any other application shall be filed with two copies signed by the parties alongwith as many copies to be sent to all the respondents by an officer designated for this purpose. One copy of such petition or application shall be forwarded by the designated officer of the Family Court to the Counsellor forthwith.
Notice of the proceeding including interlocutory application shall be issued in Form No.3 appended to these rules alongwith a copy of the petition of the application, as the case may be; in respect of matter under Chapter IX of the Criminal Procedure Code the summons to appear and answer shall be in Form No.4.
The name and address of a party or of the representative appearing for a party shall be stated in every notices, summons, witness summons, interim application, warrant and every process of the Court issues at the instance of such party or representative.
All notices, summons, rules, orders, warrants and other mandatory processes shall be sealed with the seal of the Court and shall be signed by the designated officer of the Court.
Unless otherwise ordered the notice, summons shall be made returnable three weeks after the date of the filing of the petition, if the respondent resides with the 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.
.--(a) The notices, 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 the Code will apply. Alongwith the notice, summons a copy of the petition and exhibit thereto shall be sent.
(b) In addition to the normal process of service by the Court, the applicant will be at liberty to serve upon the respondent, the notices, summons of the Court alongwith copy of the petition and exhibits either through person or through other recognisable mode of service including registered post and shall file affidavit of service upon the respondent.
It has to be shown by affidavit of applicant or other evidence that the notices, summons were served upon the respondents.
In case of failure to serve by normal process, the Court on an oral/written application of the applicant may direct for serving upon the respondents by substituted mode i.e. through pasting publication in the newspaper, etc. and applicant shall file affidavit stating as to the mode adopted for service of summons.
Any respondent who ask for the copy on the ground that he has not received the copy of the petition or that he has not received complete copy, the applicant shall furnish the complete copy with all exhibits to the respondents.
The provisions under Order I of Civil Procedure Code for addition of a necessary party or a proper party shall be applicable to a proceeding before the Family Court.
Proceedings before the Court shall be taken up in the presence of the parties, and a legal practitioner shall be allowed to appear only as amicus curiae, if the Court finds it necessary in the interest of justice.
On the returnable date of the notices, summons, the petition shall be placed for directions before a Judge of the Family Court. On that day, the designated Counsellor shall attend the Court of the Judge giving directions. The Judge shall, in consultation with the Counsellor, direct the parties to attend a specified date by which Counsellor shall file a memorandum setting out the outcome of the proceeding before him. On that day the Court will pass further order and directions as it deems fit and proper.
The Counsellor appointed to counsel the parties shall fix time and date of appointment. The parties shall be bound to attend the Counsellor on the date and at the time so fixed; if either of the parties fails to attend the Counsellor on the date and time so fixed, the Counsellor may fix another date and shall communicate the same to the absentee party by registered post. In case of default by either of the parties on the adjourned date, the Counsellor shall submit a report to the Court and on receipt of such report, the Court may proceed with the matter without prejudice to other powers of the Court to take action against the defaulting parties.
The Counsellor entrusted with any petition on appearance of the parties before her/him shall assist and advise the parties regarding the settlement of the subject matter of dispute and shall endeavour to help the parties in arriving at conc
Information gathered by the Counsellor or any statement made before the Counsellor or any notes or report prepared by the Counsellor shall be treated as confidential and the Counsellor shall not be called upon to disclose such information, statement, notes or report to any Court except with the consent of both the parties.
.--(1) Every Family Courts shall maintain separate lists of:
(a) Institutions and organisations engaged in social welfare together with names and addresses of representatives of each institutions or organisations.
(b) Person professionally engaged in promoting the welfare of the family with their addresses.
(c) Persons working in the field of social welfare with their addresses.
Report from institution, organisation etc.--A Family Court may call for report as regards efforts made or to be made by the institution, organisation or persons referred to in Section 5 of the Act:
Provided that where efforts for amicable settlement are continuing or are deferred, the Family Court may require the institution, orga
When the parties arrive at a settlement before the Counsellor relating to the dispute or any part thereof such settlement shall be reduced into writing and shall be signed by the parties and countersigned by the Counsellor.
The petition so fixed shall not be adjourned by the Court unless there are circumstances justifying such adjournment and to meet the ends of justice. The Court shall record its reasons for adjourning a matter.
The Court shall record only the substance of what the witness deposes and prepare a memorandum accordingly which shall be read and explained to the witness and the memorandum of the said substance recorded by the Court shall be signed by the witness and the Presiding Officer of the Court and shall form part of the record. The evidence taken on affidavit, if any, shall also form part of the record of the Court. The judgment shall contain a concise statement of the case, the point for determination, the decision thereon and the reasons for such decision.
The Court shall furnish to the parties to the proceedings before it a copy of the judgment certified to be a true copy free of cost.
Appeal under Section 19(1) of the Act shall be in the manner of appeals against the original decree or order in a civil proceedings but there shall be no Court fee payable for the appeal.
The rules framed under the Guardians and Wards Act, 1890 by the Patna High Court and published in Bihar Gazette-III dated the 27th May, 1931 and 8th September, 1933 shall be applicable in matter relating to Guardians and Wards Act, 1890 to the extent they are not inconsistent with the provisions of the Act or the Rules framed thereunder.
All petitions for guardianship other than applications over which the High Court has jurisdiction, shall be filed before the Family Court.
Every petition for guardianship when it is by a person other than the natural parent or natural guardian of the child shall be accompanied by a Home Study Report of the person asking for such guardianship and his/her spouse, if any, prepared by an approved association of Social Welfare Agencies etc. or a suitably trained social worker, from the list of agencies and/or persons for the purpose of their association with the Court approved by the Government in the rule made under Section 5 of the Act, in consultation with the High Court.
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 thereon to the Court in such manner as the Court may deem fit.
A child study report of the child proposed to be taken in guardianship together with a photograph of the child should also be filed in all petitions for guardianship, as required under Rule 23 of the Rules framed under the Guardian and Wards Act, 1890. Such report shall be in a particular Form prescribed by the Court when the child is instituticfnalised (or Court committed). The report shall be countersigned by the petitioner.
A proceeding before the Family Court shall not become invalid by reason only of non-compliance with any of the procedural requirement prescribed herein.
All interim applications to the Court shall be separately numbered as "Interim Application No................" In Petition No.................
An interim application may be made even while the matter is pending before a 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, 2002 relating to report to be submitted by Counsellor, shall mutatis mutandis apply to interim reports also.
The High Court may authorise and empower Judge of the Family Court, or if, there be more judges than one in a Family Court the principal Judge of such Court to appoint so many and such clerks and other ministerial officers as may be necessary for the administration of justice and due execution of all powers and authorities exercisable by a Family Court:
Provided that the appointments of officers and ministerial staff shall be subject to any rules or restriction, as may be, prescribed or imposed under the Act.
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 or procedure may not rigidly be adhered to.
Every Principal Judge, and Judge of Family Court shall be under administrative and disciplinary control of the High Court.
Without prejudice to the administrative and disciplinary control of the High Court under Rule 12, such Court or a Judge thereof authorised under general or special order in this behalf by such Court, may where it is considered necessary or expedient so to do, transfer any Principal Judge, Additional Judge, Judges or any officer or Ministerial official of one Family Court to another Family Court in this State or retransfer such Principal Judge, Additional Judge, officer or Ministerial official, as the case may be, and every such Principal Judge, Additional Judge or Judge, Officer or Ministerial official shall comply.
For carrying out the purposes of the Act and for ensuring the uniformity of practice to be observed by Family Courts and for expeditious disposal, the High Court may from time to time, supervise and inspect the Family Courts and issue directions/circulars etc. to the Family Courts.
No Judge shall hear or decide any case to which he is party or in which he/she is personally interested.
The Family Courts may use such forms and containing such particulars as may be approved by the High Court.
The High Court may require Family Courts to maintain such registers and records and containing such particulars as may be approved by the High Court.
FORM NO. 1
IN THE FAMILY COURT OF................
Petition No………….
Between
Mrs./Mr. ................
W/o or S/o ................
Age ...............................................................
Occupation ....................................................
Present Address .............................................
Permanent Address/ Residence ……………. Petitioners
And
Mrs./Mr. .......................................................
FORM NO.2
IN THE FAMILY COURT OF..............
Interlocutory Application No...............................
In
Petition No. .........................................................
Between
Mrs./Mr. ..............................................................
W/o or S/o ...........................................................
Age ......................................................................
Occupation ..........................................................
Presen
FORM NO.3
IN THE FAMILY COURT OF.........
Petition No............................................................. of ....................................................... ............................................................................................................................. Petitioner
Versus
......................................................................................................................... Respondent
To
…………..
Whereas the above named petitioner has instituted a petition against you, as set out in the petition (annexed with the petition & annexure);
FORM NO.4
IN THE FAMILY COURT OF..........
Petition No. ...........................................
Between
Mrs./Mr. ................................................
W/o or S/o ...........................................
Occupation ..........................................
Present Address ..................................
Permanent Address/Residence ............. Petitioners
And
Mrs./Mr. .................................................
&nbs
Elevate your legal practice with advanced AI-driven research and drafting solutions. Experience unmatched efficiency, precision, and security, tailored exclusively for legal professionals.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
AI Assistant
