FAMILY COURTS (COURT) RULES, 1993

PREAMBLE

In exercise of the power conferred by sub-section (1) and (2) 'of-section '21' of the 'Family Court Act, 1984 (66 of 1984) and all enabling provisions in that behalf, the High Court of :Sikkim, makes the following rules for the Family Courts in the State of Sikkim.

Rule - 1. Short title, commencement and application.

These rules may be called the Family Courts (Court) Rules, 1993.

Rule - 2.

These Rules shall come into force on the, date of their, publication in the official gazette.

Rule - 3.

These Rules shall apply to the Family Courts established in the State of Sikkim under section 3 of the Family Courts Act, 1984-.

Rule - 4. Definitions.

In these Rules, unless the context otherwise requires-

(a)      "Act" means the Family Courts Act, 1984;

(b)      "Court" means the Family Courts established under Section 3 of, the Act;

(c)      "High Court" means the High Court of Sikkim;

(d)      "Petition" shall include an application for the maintenance under the Code of, Criminal Procedure;

(e)      "Family Court Rules" means rules framed under Section 2 read with Section 5 and 6 of the Act;

(f)       "Institution" means any institution or organisation engaged 'in Social Welfare and registered under the Registration Law;

(g)      "Counseller " means a person referred to in Section 6 of the Act.

Rule - 5. Working Hours.

(1)     The Office of the Family Court shall remain open daily, except on holidays for transaction of office work between the hours of 10 a.m. to 4 p.m.

(2)     The Judge of the Family Court shall ordinarily sit in the Court between the, hours of 10.30 a.m. and 4 p.m. on working days of the Court, with al recess. break between 1430 p.m. and 2 p.m.

(3)     The Judge may, for expedience, hold proceedings of the Court beyond the working hours. As prescribed in sub-rule (2) above and even on holidays;

"provided that no such proceedings shall be held under this sub-rule except with the consent of the counsellors, representatives of the Social Organisation and the parties to the proceedings

(4)     No act of the Court shall be invalid by reason of holding, or continuing its sittings on any holyday or during hours outside normal working hours.

Rule - 6. Place of Sitting.

The Judge of the Family Court may hold sittings at -:places, other than the ordinary place of sitting in consultation with the counsellors and the parties to the proceedings.

Rule - 7. Institution of Proceedings.

(1)     All proceedings instituted before the Court will be by way of a petition. However, in respect of applications under the Code of Criminal Procedure, the provisions of that Code shall apply.

(2)     (a) Proceedings other than those under the Code of Criminal procedure shall be registered as Civil Proceedings and those under the Code of Criminal Procedure shall be registered as Criminal Proceeding. Applications in such proceedings for interim or ancillary relief's shall be registered as Miscellaneous Proceedings.

(b) Each category of proceedings shall be numbered serially each year in accordance with the date of its institution.

(3)     (a) Application for initiation of a Civil Proceeding and reply thereto by the contesting party shall be verified in the manner provided for plaint and written statement in the Code of Civil Procedure.

(b) Application under' the Code of Criminal Procedure and reply thereto by the contesting party shall be supported by an affidavit.

(c) Application for initiation of a miscellaneous proceeding and the objection thereto shall be supported by an affidavit.

(d) All other matters shall be governed by the General Rules and Circular, orders of the High Court (Civil) and (Criminal) as the case may be, to the extent the provisions are not inconsistent with the Family Courts Act and the rules made thereunder.

Rule - 8. Summons to respondents.

(1)     In all matters other than those under the Code of Criminal Procedure, the writ of summons to appear and answer shall be in form No. I as set out in the Appendix with such variations as the circumstances of the case may require.

Rule - 9. 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, in case the respondent resides within the local limits of the Court, and five weeks after the date of filing of the petition, in case the respondent resides outside the said limits.

Rule - 10. Mode of Service of Summons.

A writ of summons shall be served in the manner prescribed, in the Code of Civil Procedure, 1908 save and except in proceedings under the Code of Criminal Procedure, where the provisions of that Code will apply.

Rule - 11. Efforts for arriving at Settlements.

(1)     The Judge or Judges of the Family Court shall strive at bringing about amicable settlement of dispute between the parties.

(2)     the Court shall consider whether any institution, organisation or any person referred to in section 5 of the Act should be associated with it in efforts for amicable settlement and it so considered advisable by it call upon the representative of such institution, organisation or person referred to in section 5 of the Act for assistance for bringing about amicable settlement between the parties.

(3)     The Court shall direct the parties to the petition or proceedings to appear before the counselor or counselors, as the case may be, appointed under the Family Court Rules framed under Section 23 read with sections 5 and 6 of the Act on such date, time and place, as it may consider proper.

Rule - 12. Powers and functions of the counselor.

(1)     The counselor shall help the parties to the petition or proceedings in arriving at reconciliation.

(2)     The counselor in the discharge of his duties will subject to the directions of the Court, be entitled: 

(a)      to pay home visits to the homes of any of the parties; 

(b)      to interview relatives, friends and acquaintances of parties or any of them; 

(c)      to seek such information as 'he may deem fit from the employer of any of the parties.

(3)     The counselor may also supervise the child/children if and when caned upon by the Court. The counselor shall subject to the direction of the Court be entitled to supervise the placement of children in custody of a party and shall be entitled to pay surprise visits to the home where the child resides. In the event of the counselor coming to a conclusion that any alteration is required in the arrangements relating to the custody of a child and/or children, the counselor will make a

Rule - 13. Report from counselor.

(1)     The counselor shall submit a report to the Court as and when called for, to assist the Court in deciding the case in hand.

The report may, inter alia, contain the following points:

(a)      Living environment of the parties concerned;

(b)      Personalities;

(c)      Income and standard of living;

(d)      Relationship;.

(e)      Status in society;

(f)       Counselor's opinion; and findings.

(2)     A copy of such report may be supplied to the parties by the Court on such request being made by the parties.

(3)     Every report under this rules shall form part of the record.

Rule - 14. Confidentiality of report.

The 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. Such notes or report or statement or any material lying with the counsellor shall be kept in sealed packets by the counsellor and shall not form a part of the evidence before the Court.

Rule - 15. Settlement before counsellor.

When the parties arrive at a settlement before the counsellor relating to the dispute or any part thereof, such settlement shall be reduced to-writing and shall be signed by the parties and countersigned by the counsellor. The Court shall pronounce a decree or order in terms thereof unless the Court considers the terms of the settlement unconscionable or unlawful.

Rule - 16.

All matters in respect of which no specific provision has 'been made shall be governed by the procedure adopted in Civil or Criminal Courts as far as practicable and to the extent they are not inconsistent with the provision of the Act and the Rules.

Rule - 17.

Forms and Registers shall be similar to those prescribed in General' Rules and Circular Orders (Civil and Criminal) of the High Court making necessary modification until such forms are prescribed by it by General letters or Circulars.

Rule - 18. Seal.

(1)     All writs, summonees, precepts, rules, decrees; orders' and other mandatory' processes shall be used, issued or awarded by a Family Court bearing the seal of such Court.

(2)     The seal referred to in sub-rule (I) shall be of such size and bear such inscription as the High Court may by order in writing approve.

(3)     the seal shall be delivered to and kept in custody of the Judge of the Family Court or if there be Judges in plurality in a Family Court, every Judge of such Court shall be delivered a separate seal and every such seal shall remain in custody of the Judge concerned.,

Rule - 19.

Each appeal under Section 19 of the Family Courts Act shall be registered as Civil Appeal or Criminal Appeal (Family Court) as the case may be and shall be serially numbered annually. Family Court, On requisition of the High Court, shall dispatch the entire record to the High Court properly arranged, page-marked and indexed. Control of High Court;

Rule - 20.

(1)     Every Judge of Family Court shall be under the administrative and disciplinary control of the High Court.

(2)     A Family Court shall transmit to the High Court such periodical returns and statistical information as may be 21, called for from time to time.

(3)     For carrying out the purpose of the Act and for ensuring the uniformity of practice to be observed by the Family Court and for expeditious disposal, the High Court may from time to time supervise and inspect the Family Court and issue directions/circulars etc. to the Family Court.