[20th June, 2002] Published vide Notification No.
F-4-1-02-21-B(1), dated 20-6-2002, in the Madhya Pradesh Rajpatra (Asadharan) (1) These rules may
be called The Madhya Pradesh Family Court Rules, 2002. (2) They shall come
into force with effect from the date of their publication in the "Madhya
Pradesh Gazette." In these rules, unless the context
otherwise requires,- (a) "Act" means the
Family Courts Act, 1984 (No. 66 of 1984); (b) "Family
Court" means the Court established under Section 3 of the Act; (c) "Government" means
the Government of Madhya Pradesh; (d) "High Court" means
the High Court of Madhya Pradesh; (e) "Judge" means the
Judge appointed under sub-section (1) of Section 4 of the Act and includes a
Principal Judge or Additional Principal Judge of the Family Court; (f) All other words and expressions
not defined in these rules shall have the same meanings as assigned to them in
the Act. (1) The term of the
office of the Judge of Family Court shall be five years from the date he
assumes office; or till he attains the age of sixty two years, subject to the
prior approval of the High Court. (2) The Judge of the
Family Court shall be under the administrative and disciplinary control of the
High Court. (3) A Judge of a
Family Court shall be entitled to pay and allowances including travelling
allowance, dearness allowances as admissible to a District Judge, who is
drawing super time pay scale : Provided that
the pay and allowances of a Judge who is a member of the Madhya Pradesh Higher
Judicial Service shall not be less than the presumptive pay and allowances as
would have been admissible to him. (4) A serving member
of the Madhya Pradesh Judicial Service appointed as a Judge or Principal Judge
or Additional Principal Judge of a Court being superannuated on attaining the
age of superannuation during his tenure as such judge shall receive pay and
allowances which he last drawn minus pension, if any. (5) A retired member
of the Madhya Pradesh Higher Judicial Service appointed as a Judge or Principal
Judge or Additional Principal Judge of a Court shall receive the pay and
allowances which he last drawn as a member of the said service menus pension,
if any. (6) Any other person
appointed as Judge or Principal Judge or Additional Principal Judge of a Court
shall be entitled to such pay, allowance and other benefits as may be
admissible to a member of the Madhya Pradesh Higher Judicial Service in the
super time scale of pay from time to time. (1) Every Principal
Judge of the Family Court shall for the association with it, in consultation
with the High Court and State Government maintain in respect of its area a
register or registers and record therein the name of :- (i) Institutions and organisations
engaged in Social Welfare in family matrimonial and allied matters and the
representatives thereof; (ii) Persons professionally engaged in
promoting the welfare of families; and (iii) Persons working in the field of
social welfare. (2) Subject of
sub-rule (1), the Principal Judge of the Family Court may record such names
after obtaining the written consent of the institution, organisation or person,
as the case may be, on its own motion or its/his application. (1) There shall be
attached to the Family Court in each city a counselling centre to be know as
the Family Court Counselling Centre. (2) The Counselling
Centre shall be located in the Family Court Premises or at such other place as
the High Court may direct. The Counsellors shall be appointed
by the State Government from the Panel of Counsellors prepared by the Principal
Judge of the Family Court and approved by the High Court : Provided that no
Counsellor shall continue after he attains the age of 65 years. (1) The number and
categories of Counsellors in each Counselling Centre shall be such as may be determined
by the Government in consultation with the High Court, from time to time. (2) Where more than
one Counsellors are appointed in Counselling Centre, one of them may be
designated as Principal Counsellor by the High Court. (1) Any person
having a degree of a recognised University preferably with Social Science or
psychology as one of the subjects, and minimum experience or two years in
social work, child psychiatry or family counselling, shall be eligible for
appointment as a counsellor : Provided that
the minimum academic qualifications may be relaxed in exceptional circumstances
: Provided further
that preference may be given to women having the requisite qualification : Provided also
that person shall be eligible for appointment on the post of Counsellor unless
he has attained the age of 35 years and is below 60 years of age. (2) A candidate who- (a) has been a Judge; or (b) has experience of Counselling in
family matters shall, other things being equal, be given preference in the
matter of appointment. (1) The Honorarium
or fee admissible to persons employed as counsellors shall be such as may be
determined by the State Government from time to time. (2) The Counsellors
shall be entitled to the payment of Honorarium or fee at the minimum rate of
Rs. 75/- (Rupees Seventy five) per case per sitting for reconciliation. The
number of sittings restricted for each case should be more than four. In any
case, the total Honorarium or fee of counsellors shall not exceed Rs. 300/-
(Rupees Three hundred) per day. (1) The Counsellor,
entrusted with any petition, shall- (i) attend the Court as and when
required by the Judge of the Family Court; (ii) aid and advise the parties
regarding settlement of the subject-matter of dispute of any other part
thereof; (iii) help the parties in
reconciliation; (iv) submit report or interim report,
as the case may be fixed by the Court; (v) perform such other functions as
may be assigned to him by the Family Court from time to time. (2) In performing
his functions under sub-rule (1) the Counsellor shall be guided by such general
or special directions as may be given by the Family Court from time to time. The qualification, procedure for
recruitment, pay and other conditions of service of the employees of a Family
Court shall be the same as of the employees of similar category in the Courts
under the control of District Judge and the rules relating thereto
shall, mutatis mutandis, apply. (1) Where the Family
Court decides to secure the services of any expert or other person referred to
in Section 12 of the Act, the Courts shall indicate the exact point or points
on which and manner in which the service required is to be rendered. (2) The expert or
other person referred to in sub-rule (1), shall render the service and submit
its report within such time as may be indicated in the order of the Family
Court or within such extended time as may be given by the Court. (3) The Family Court
shall permit the parties to file objections against such report. (4) The Court shall
consider the report in deciding the dispute but shall not be bound to accept
anything contained therein. Where in the opinion of the Family
Court, the assistance of an expert or other person referred to in Section 12 of
the Act is necessary, but the party needing such assistance does not have means
to pay his fees and travelling and other expenses, it may, suo
motu or on application of the party, direct the payment of such fees and
expenses, out of the revenue of the State as specified below :- (1) (2) (a) If the expert is Government servant. Travelling expenses at the rate as
admissible to him in the service of the State Government. (b) If the expert is not a Government
servant. Travelling expenses at the rate as
admissible to Class-I Officer of the State Government plus Rs. 500/- as fees
per day. The Court may permit the parties
to be represented by a lawyer in Court. Such permission may be granted if the
case involves complicated question of law or fact and if the Court is of the
view that the party in person is not in a position to conduct his or her case
adequately or for any 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 the Court considers it just and necessary. An application by a party for
being represented by a lawyer in Court shall be made by such party to the Court
after notice to the other side. Such an application shall be made not less than
two weeks prior to the date fixed for hearing of the petition. An application under Rule 15 shall
not be entertained after the petition is placed for hearing on the daily board
of the Court unless there are exceptional circumstances justifying such late
application. The Court may appoint a lawyer to
represent independently any minor affected by litigation before the Court. The
Court may give suitable directions regarding fees to be paid to such a lawyer. (1) The Family Court
shall maintain a panel of legal experts, including legal practitioners, willing
to be appointed as amicus curiae. (2) Where it appears
to the Family Court that the assistance of a legal expert as amicus
curiae is necessary in the interest of justice, the Court may engage a
legal expert from the said panel. (3) The amicus
curiae, engaged under sub-rule (2), may be paid by the Family Court out of the
revenues of the State, fee and expenses at the rates of Rupees five hundred per
case or proceeding.Madhya Pradesh Family Court Rules, 2002
Notification No. F-4-1-02-XXI-B(1), dated 20-6-2002. - In
exercise of the powers conferred by Section 23 of the Family Courts Act, 1984
(No. 66 of 1984) the State Government, in consultation with the High Court of
Madhya Pradesh, hereby makes the following rules, namely :-
The appointment of a Counsellor may be terminated at any time before the expiry
of his term on the recommendation of the Judge of the Family Court.