[1]THE
FAMILY COURTS (PROCEDURE) RULES, 1989 In exercise of the powers
conferred by section 21 of the Family Courts Act, 1984, the High Court of
Kerala hereby makes the following Rules, namely:- (i)
These Rules may be called the Family Courts (Procedure) Rules,
1989. (ii)
These Rules shall come into force with effect from the date of the
notification under section 3 (1) of the Act. (i)
In these Rules, unless the context otherwise requires:- (a)
"Act" means the Family Courts Act, 1984 (No. 66 of
1984); (b)
"Code" means the Code of Civil Procedure, 1908; (c)
"High Court" means the High Court of Kerala; (d)
"Court" means the Court established under section 3 of
the Act; (e)
"Judge" means the Judge or Judges, as the case may be,
appointed under section 4 of the Act. (ii)
All other words and expression used in these Rules shall have the
same meaning as given in the Act. (i)
Working hours of the Family Courts shall be the same as prescribed
by the High Court for the Subordinate Courts. (ii)
A Family Court may hold sittings on holidays and outside normal
working hours, if the Judge considers it necessary to do so, in the
circumstances of a case, With a prior notice to the parties and to such other
person or persons as the Judge may consider necessary. (i)
A Family Court shall ordinarily hold its sittings at the place
where it is located or at such place as the High Court may specify from time to
time by an order in that regard. (ii)
Notwithstanding anything contained in clause (i), if, in any
particular case the Judge is of the opinion that it will tend to the general
convenience of the parties or of the witnesses or for any other purpose to hold
sittings at a place other than its ordinary place of sitting but within its
limits of territorial jurisdiction, the Judge may do so, for reasons to be
recorded in writing and, with notice to the parties and to such other persons
as the Judge may consider necessary. The Judge shall intimate the High Court
about such sitting, soon after a decision is taken in that behalf. (i)
Every case will be instituted in the court of the principal Judge,
or the court of such other Judge as may be designated by the principal Judge
(or by sending a plaint, petition or application by registered post
acknowledgement due to such Judge). (ii)
The court to which a case has been allocated with be indicated in
the list to be displayed in the notice board of the Court where it was
instituted. The list will indicate when the party instituting the case is
required to appear before the court to which the case is allocated to take
further orders. (iii)
In all cases where a case has been commenced by filing a plaint,
petition or application by registered post, intimation of the court to which
the case is allocated will be sent by registered post at the address given. If
the party instituting a case does not appear on the first date of hearing
before the Judge, he shall send a notice, both by post and in the ordinary way,
to the party instituting the case intimating the next date of hearing. The Principal Judge may withdraw
any suit or proceeding from the file of any Judge and may either try the same
himself or send it to any other Judge for trial. (i)
Before issuing any process to the opposite party the Judge shall
scrutinise the plaint, petition or application, and may discuss the matter with
the petitioning party and after such advice as he thinks fit and may defer the
issue of the process for the time being. The Judge may associate any social
welfare organization or other persons mentioned in Section 5 of the Act for
this purpose. (ii)
If the plaint, petition or application has to be proceeded with,
the notice shall be issued to the respondent intimating the date and time fixed
for appearance in person. (a)
The petition so fixed shall not be adjourned by the Court unless
there are exceptional circumstances justifying such adjournment and unless they
are such as could not have been for seen when the date of hearing was fixed.
The Court shall record its reasons for adjourning a matter. (b)
Every endeavour shall be made by the Judge to secure settlement of
the disputes by conciliation throughout the trial. Adjournments are to be
avoided as far as possible. (a)
The Court may permit the parties to be represented by a lawyer in
Court. Such permission may be granted if the case involves complicated
questions of law or fact, and if the court is of the view that the party in
person will not be 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. (b)
Time for making Application.- 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. (c)
Application not to be entertained at the hearing.- An application
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. (i)
A copy of every judgment/order against which an appeal lies under
S. 19 of the Act, shall be given free of cost to the parties. (ii)
At the top of the first page of the judgment or order there shall
be the following endorsement. "An appeal can be preferred
to the High Court of Kerala within a period of 30 days from the date of the
judgment/order". (i)
Rules framed by the High Court under S. 122 of the Code for regulating
the procedure of civil courts subordinate to it shall apply to the Family
Courts, in so far as they are not inconsistent with the provisions of the Act
and these rules. (ii)
The Court shall give top priority for execution proceedings and
every endeavour shall be made to terminate the execution proceedings, within
the shortest possible time. A proceeding before the Family
Court shall not become invalid by reason only of non-compliance with any of the
procedural requirements prescribed herein, unless such non-compliance has
occasioned a failure of justice. Every appeal under S. 19 (1) of
the Act shall be accompanied by a copy certified to be true copy by the court
which passed the judgment. Every judgment of the Court shall
contain an appendix of the evidence adduced on behalf of the parties to the
proceedings and every witness for the applicant shall be described as
petitioner's witness and the evidence shall be marked as "A" series
and every witness for the respondent shall be described as respondent's witness
and the evidence shall be marked as "B" series in the appendix and
serial number given. The Court witness, if any, shall be described as
court-witness and the evidence, if any, shall be marked as "C"
series. Any person not being a party to
the proceeding desiring to appear in any proceeding under this Act in the Court
and oppose the same shall file an application supported by an affidavit setting
out the grounds on which he is seeking to appear and oppose the said proceeding
and thereupon the Court shall examine the said person and may, if it is
satisfied, for reasons to be recorded in writing, direct that the said person
may be added as a respondent provided the Court shall not give any such
direction, if it is of opinion that the presence of any such party may
prejudice or unnecessarily delay the hearing of the proceeding. (1)
The Judge, if a male shall wear a close-collared black coat, or an
open collared black coat, with transparent shirt and black tie and; (2)
The Judge, if a female, shall wear a black coat over the transparent
saree or any other transparent dress. The Court shall have holidays as
are declared by the Government as public holidays. The Court shall make every
reasonable effort for bringing about reconciliation or settlement between the
parties in the first instance in every case where it is possible to do so
consistent with the nature and circumstances of the case, in such manner as it
deems fit, with the help of councellors nominated by the Court. Information gathered by the
counsellor in the course of attempts for reconciliation shall be treated as
confidential. The counsellor shall not disclose such information to others or
be compelled tc disclose such information to any other person or authority
except the Court. It shall be competent to the High
Court to issue circulars or guidelines or instructions or directions, from time
to time, as it may deem necessary, for carrying out the purposes of the Act
and/or these Rules and all Courts and authorities and all other persons
employed in the execution of the provisions of the Family Courts Act shall
observe and follow such circulars or guidelines or instructions or directions. [1] Issued by
Notification No. D1-3856/85 dated 31-10-1989 and pub. in K.G. No. 13 dated
27-03-1990, Part III.THE
FAMILY COURTS (PROCEDURE) RULES, 1989
PREAMBLE