Published
vide Notification No. HMA-1685-1125 (149)-10 No. HMA-1685-1125
(149)-X. - In exercise
of the powers conferred by clauses (b), (c), (d) and (e) of sub-section (2) and
sub-section (2) of section 23 read with sections 5 and 6 of the Family Courts
Act, 1984 (66 of 1984), the Government of Maharashtra, after consultation with
the High Court, hereby makes the following Rules, namely:- (i)
These Rules may be called the [Maharashtra Family Courts Rules,
1987]. (ii)
These Rules shall come into force on the 1st day of may 1987. (iii)
These rules shall apply to the Family Courts, established in the State
of Maharashtra, 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)
"Court"
means the Family Court, established under section 3 of the Act; (d)
"Principal
Counsellor" means the Principal Counsellor appointed by the High Court;
and includes Counsellor or Counsellors, as the case may be where Principal
Counsellor is not appointed. [Deleted] A party will be entitled to take legal advice at
any stage of the proceedings either before the Counsellor or before the Court.
A party in indigent circumstances will be entitled to free legal aid and
advice. The court shall maintain a panel of lawyers willing
to render free legal aid and advice. A party entitled to free legal aid and
advice will be entitled to select any of the lawyers from the said panel
provided the lawyer is available and willing to accept the case. The terms and conditions of engagement of such a
lawyer and the remuneration, if any, to be paid to him from the State Treasury
will be as laid down in the Maharashtra State Legal Aid and Advice Scheme,
1979. ?The
circumstances under which such legal aid will be made available to a party will
be as laid down by the High Court. If the Court considers it necessary in the interest
of justice, it may seek the assistance of a legal expert as amicus
curiae. For that purpose, the Court shall prepare a list of legal experts
who are willing to assist the Court as amicus curiae and such
legal experts shall be paid fees and expenses out of the revenue of the State
Government as per the scale of fees and expenses fixed by the Government, from
time to time by an order made in this behalf. There shall be attached to the Family Court in each
city, town or other area a Centre to be known as "The Counselling Centre
of the Family Court at ............". Each such centre may have a principal counsellor
and shall have as many counsellor as may be determined by the High Court. The counselling centre may be divided into
different units and may be located in the Court premises and/or in such other
place or places as the High Court may direct. Principal counsellor and other counsellor attached
to the counselling centre shall be appointed by the High Court in consultation
with one or more professionally qualified experts in family and child welfare,
preferably working with a recognised institution of social science or social
work. Persons having a Master's Degree in social work
with a minimum experience of 2 years in family counselling shall be eligible
for appointment as counsellors. The counsellor appointed to advice the parties
shall fix the time and date of appointment. The parties shall be bound to
attend the counsellor on the date and at the time so fixed. If one of the parties fails to attend the
counsellor on the date at the time so fixed, the counsellor may fix another
date and time, and inform the absent party accordingly by registered post. If
the said party does not attend the counselling centre on such adjourned date,
the counsellor may make a report to the Court stating that one or both the
parties have failed to attend the counselling centre. On such report being
made, the Court may proceed with the matter without prejudice to other powers
of the Court to take action against a defaulting party. Counsellor entrusted with any petition shall assist
and advice the parties regarding the settlement of the subject-matter of
dispute between the parties or any part thereof. The counsellor shall also help
the parties in arriving at a reconciliation. The counsellor in the discharge of his duties shall
be entitled to pay home visits to the homes of any of the parties. The counsellor in the discharge of his duties shall
be entitled to interview relatives, friends and acquaintances of parties or any
of them: The counsellor in the discharge of his duties may
seek such information as he may deem fit from the employer of any of the
parties. ?The
counsellor may refer the parties to an expert in any other area such as
medicine or psychiatry. The Principal Judge of the Family Court in
consultation with the principal counsellor shall prepare a panel of medical and
other experts and such experts shall be paid fees and expenses (including
travelling expenses) out of the revenues of the State Government as per the
scale of fees and expenses fixed by the Government, from time to time, by an
order made in this behalf. The Principal Judge in consultation with the
Principal Counsellor shall also prepare a list of institutions, organisations
or agencies working in the area of family welfare, child guidance, employment
or in any other area that he may deem fit, in order to enable a counsellor or
parties to obtain the assistance of such an institution, organisation or agency
and may also lay down the manner and the conditions for association of such
institutions, organisations or agencies with a Family Court. The Counsellor may take the assistance of such an
organisation, institution or agency to the discharge of his duties. (1)
Information gathered by the counsellor, any statement made Confident
before the counsellor or any notes or report prepared by the counsellor shall
be treated as confidential. The counsellor shall not be called upon to disclose
this information, statements, notes or report to any Court except with the
consent of both the parties. (2)
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 evidence before the Court. The same may, however, be used for the
purpose of research or education with the permission of the Principal Judge on
condition that the identities of the parties involved shall be kept concealed. The Counsellor shall not be asked to give evidence
in any Court in respect of this information, statements, notes or report: Provided that the counsellor may submit to the
Court a report relating to home environment of the parties concerned, their
personalities and their relationship with their child or children in order to
assist the Court in deciding the question of custody or guardianship of any
child or children of the marriage: Provided further that, the counsellor may also submit
to the Court a report relating to home environment, income or standard of
living of the party or parties concerned in order to assist the Court in
determining the amount of maintenance and/Or alimony to be granted to one of
the parties. The Court may also request the counsellor to submit
to it a report on any other subject in order to assist the Court in
adjudicating upon the matter before it or any part thereof. A copy of the report submitted under rules 25 and
26 may be supplied to the parties on such request being made by the parties. The parties shall be entitled to make their
submissions on the report. The counsellor shall not be called upon to give
evidence and shall not be cross-examined in any Court in respect of the report
so made. Save as provided in these rules the counsellor shall
submit a brief memorandum to the Court informing the Court of the outcome of
the proceedings before him. 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 or
contrary to public policy. The counsellor shall be entitled to supervise the
placement of children in the custody of a party and shall be entitled to pay
surprise visits to the home where the child resides. In the event of the
counsellor coming to a conclusion that any alteration is required in the
arrangement relating to custody of a child or children, the counsellor shall
make a report to the Court in that connection. Thereupon the Court may, after
giving notice to the parties to appear before it, pass such orders in that
connection as the Court may deem fit. The counsellor shall also be entitled to supervise,
guide and assist the reconciled couples, even if the matter is ho longer
pending in Court. Co-habitation between the parties in the course of
conciliation proceedings before the counsellor or Court shall not be deemed to
be a condonation of the matrimonial offence. [Guardianship] All applications for guardianship [* * *] other
than applications over which the High Court has jurisdiction, shall be filed
before the Family Courts. In deciding a guardianship [* * *] petition,
the Court may take the assistance of a social welfare agency or agencies, for
the scrutiny of the petition. The Court may also ask such an agency for its
report thereon. The Court may prescribe fees to be paid to the Said
agency for its work. Notifications *No. CRC.
4792/508(52)-IX, dated 15th February, 1993. - In exercise of the powers conferred by
sub-sections (1) and (2) of section 3 of the Family Courts Act, 1984 (66 of
1984) (hereinafter referred to as "the said Act"), and of all other
powers enabling in this behalf, the Government of Maharashtra, in consultation
with the High Court of Judicature at Bombay, with effect from the 20th day of
February 1993, hereby establishes a Family Court at Aurangabad, and specifies
the local limits of the following area, namely :- (i)
the area
comprising the Municipal Corporation of the City of Aurangabad: (ii)
the area
under the jurisdiction of the City and Industrial Development Corporation,
Aurangabad; and (iii)
the area
under the jurisdiction of the Aurangabad Cantonment Board; for the purpose of exercising jurisdiction and
powers conferred on it by the said Act. * This Notification has been superseded by the
following Notification. No. CRC. 4792/508(52)-IX, dated 17th May, 1997. -
In exercise of the powers conferred by sub-section (2) of section 3 of the
Family Courts Act, 1984 (66 of 1984) and of all other powers enabling it in
this behalf in modification of the Government Notification, Law and Judiciary
Department No. CRC. 4792/508(52)-IX, dated the 15th February, 1993, the
Government of Maharashtra, in consultation with the High Court of Judicature at
Bombay, with effect from the 17th day of May 1997, hereby increases the local
limits of the area of the Jurisdiction of the Family Court, Aurangabad to the
entire area of the Aurangabad District, to try and decide the cases covered by
section 7 of the said Act. No. FCN. 1095-351-(65)-IX, dated 13th February,
1996. - In exercise of the powers conferred by sub-sections (1) and (2) of
section 3 of the Family Courts Act, 1984 (66 of 1984) and of all other powers
enabling in this behalf, the Government of Maharashtra, in consultation with
the High Court of Judicature at Bombay, with effect from the 22nd February
1996, hereby establishes a Family Court at Nagpur and specifies the local
limits of the following area, namely :- (i)
the area
comprising the Municipal Corporation of the City of Nagpur; (ii)
the area
under the jurisdiction of the Kamptee Cantonment Board; For the purpose of exercising the jurisdiction and
powers conferred by the said Act.The Maharashtra Family Courts
Rules, 1987