Family Courts (Procedure) Rules, 1996

[R.O.G.lVa.550-A/97/F.lj
No. SRO C-4/97.-In exercise of the powers conferred by section 21 of the
Family Courts Act, 1984, the High Court of Madras hereby makes the following
rules in supersession of the Family Courts (Tamil Nadu) Rules, 1987. These
rules shall come into force with effect from the date of publication in the Tamil
I .
Nadu Government Gazette.
1. Short title and commencement.- (i) These rules may be called the Tamil
Nadu Family Courts (Procedure) Rules, 1996.
(ii) These rules shall come into force with effect from such date as may be
specified by the notification issued under section 21 of the Act.

2. Definitions.- (i) In these rules unless the context otherwise requires,-

(a) ':4et" means the Family Courts Act, 1984 (Centr.al Act 66 of 1984) ;
(b) "Code" means the Code of Civil Procedure, 1908 (Central Act
.. -
V of
1908) ; -----_.
(c) "High Court" means the High Court of Madras;
(d) ".court" means the Family Court established under section 3 of the
Act;
(e) "Judge" means the Judge or, as the case may be, the Principal
Judge, Additional Principal Judge or other Judge of a Family Court appointed
under section 4 of the Act.
(ii) All other words and expressions used but not defined in these rules
shall have the same meaning as given in the Act and in the Code of Civil Proce-
dure, 1908 (Central Act V of 1908) assigned to them, as the case may be.

3. Working hours of the Family Courts.- (i) Working hours of the Family Court
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 work-
ing hours if the Judge concerned considers it necessary to do so in the circum-
stances of a case with prior notice to the parties or those representing the parties
and to such person or persons as the Judge may consider necessary.

4. Place of sitting of the Family Courts.- (i) The Family Court shall ordinarily
hold its sittings at the place where it is located or at such places 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 par-
ties or of the witnesses or for any other purpose to hold sitting at a place other
than its ordinary place of sitting but within its limits of territorial jurisdiction,
238 Tamil Nadu Civil Courts Acts 2011

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 and such sitting shall abide by any orders of the High Court
made in this regard.

5. Institution ofproceedings.- (i) Every case shall be instituted in the Court of

the Principal Judge if there are more than one case at a place or the Court of
such other Judge as may be designated by the Principal Judge and in other
respects before the Court having jurisdiction over the subject matter of the case.
(ii) All proceedings instituted before the Family Court shall be by way of a
petition or plaint, as the case may be, however in respect of applications under
Chapter IX of the Code of Criminal Procedure, 1973 (Central Act 2 of 1974), the
provisions of tha t Code will apply.

6. Filing of petitions.- (i) Every petition or application shall be accompanied by

as many clear authenticated copies thereof as there are respondents to be served.
(ii) The Court to which a case has been allocated will be indicated in the list
to be displayed in the notice board of the Court where it was instituted. The list
will indicate when and before whom the parties instituting the case will be
required to appeal before the Court to which the case is allocated to take further
orders.

7. Summons to respondents.- In all matters other than those under Chapter IX

of the Code of Criminal Procedure, 1973 (Central Act 2 of 1974) the summons to
appear and answer shall be in Form NO.1 in the Appendix with such variations
as the circumstances of the case may require.

8. Name and address of the party to be stated in every process.- The name and
address of the party shall be stated in every summons, witness summon, interim
application notice, warrant and every process of the Court issued at the instance
of such party.

9. Summons, etc., how attested and signed.- All summons, rules, orders, war-
rants and other mandatory processes shall be sealed with the seal of the Court
and shall be signed by the Chief Ministerial Officer adding thereto the date of
sIgmng.

10. Returnable date of summon.- Unless otherwise ordered, the summons shall
be returnable within three weeks from the date of the issue, if the respondent
resides within the local limits of the Court and within four weeks from the date
of issue, if the respondent resides outside the local limits.

11. Returnable date of summons in petition to be on the date fixed for giving
direction.- The summons shall be returnable on or before the day on which the
petition is to be placed on board for directions as herein provided.
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Family Courts (Procedure) Rules, 1996

12. Mode of service of summons.- Summons together with a copy of the peti-
tion of applications and annexures, if any, shall be served in the manner pre-
scribed in the Code of Civil Procedure, 1908 (Central Act V of 1908) save in
proceeding under Chapter IX of the Code of Criminal Procedure, 1973 (Central
Act 2 of 1974), where the provisions of that Code will apply.

13. Proof of service of summons.- Unless the Court shall otherwise order the
service of the summons to appear and answer shall be proved by evidence show-
ing that the summons was served in the manner provided by the Code of Civil
Procedure, 1908 (Central Act V of 1908). Summons shall normally be sent by
registered post with acknowledgement due as well as through the Courts.

14. Substituted service.- Application for substituted service or

the summons
shall be governed by the corresponding provisions of the Code of Civil Proce-
dure, 1908 (Central Act V of 1908).
15. Dismissal of petition or suit plaint if summons not served within six
months.- If, on account of the default of the petitioner, the summons is not
served within six'months from the date of filing of the petition or application,
the Court shall, unless good cause is shown, dismiss the petition or suit plaint or
application. Such dismissal shall be notified on the notice board by the Chief
Ministerial Officers.
16. Transfer or withdrawal of suit or proceeding.- The Principal Judge may
withdraw any suit or proceeding from the file of any Judge and may either try
the same himself or sent it to any other Judge for trial.
17. Adoption of High Court rules framed earlier.- Every suit or petition filed
before the Family Court seeking relief under the provisions of the Hindu Mar-
riage Act, Indian Divorce Act, Special Marriage Act shall be in accordance with
the rules already framed by the High Court under the respective marriage laws
so long they are not in any way inconsistent with the Act.
18. Directions on the returnable date.- On the returnable date of summons, the
petition or plaint shall be placed for directions before the Judge of the Family
Court.
19. Counselling centre.- There shall be attached to each Family Court of
counselling centre-to be known as "The Counselling Centre of the Family Court
of ".
20. Composition of counselling centre.- Each counselling centre of the Family
Court shall have two counsellors or such number of counsellors as the High
Court may determine.
21. Different units of counselling centre.- The counselling centre shall 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.
240 Tamil Nadu Civil Courts Acts 2011

22. List of persons and persons and agencies engaged in the field of social
welfare.- (i) The Family Court shall prepare in the month of January every
year, a list of not less than ten persons (including institutions or organisation)
from among those engaged in the field of social welfare or representatives
thereof professionally engaged in promoting the welfare of the family working in
the field of social welfare and whose association with the Family Court may ena-
ble it to exercise the jurisdiction more effectively in accordance with the purpose
of the Act and su bm itit to the High Court for approval:
Provided that if the Family Court is established in the middle of any year,
such list shall be submitted within one month from the date of establishment of
such Court.
(ii) The list shall be valid till the approval of the next list by the High Court.

23. Nomination of persons as counsellors.- (i) The Family Court shall nomi-
nate two persons and may include representatives of institutions or organiza-
tions out of the list prepared under sub-rule (i) of rule 22 as counsellors to assist
each of the said Court in discharge of its functions.
(ii) The term of the office of the counsellors so nominated shall be three
months.

24.Presence of counsellor in Court.- On the date fixed for giving directions, the
counsellors authorised by the Court shall attend the Court of the Judge giving
directions.

25.Directions to consult the counsellor.- When glYlllg such directions,' the

Judge shall direct the parties to consul t the specified counsellor for purpose of
counselling.

26.Court to fix time and date for counselling.- The parties shall be bound to
consult the counsellor on the date and at the time so fixed by the Court.

27.Failure to attend counselling.- If one of the parties fails to attend the coun-
selling on the date and at the time so fixed, the counsellor may fix another date
and time. If the said party does not attend the counselling centre on the
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. Such report
being made, the Court may proceed with the matter without prejudice to the
other powers of the Court to take action against a defaulting party.

28.Duties and functions of counsellors.- Counsellor entrusted with any peti-

tion or suit shall assist and advise the parties regarding the settlement of the
subject matter of dispute between the parties or any part thereof. The counsel-
lors shall also help the parties in arriving at reconciliation. Upon obtaining prior
permission of the Judge of the Court concerned, the counsellors shall also be
entitled to do the following act or acts, namely :-
 241
Family Courts (Procedure) Rules, 1996

(i) The counsellor in the discharge of his duties shall be entitled to pay
home visits to the homes of any of the parties;
(ii) The counsellor in the discharge of his duties shall be entitled to inter-
view relatives, friends and acquaintances of parties or any of them;
(iii) The counsellor in the discharge of his duties may seek such informa-
tion as he may deem fit from the employer of any of the parties;
(iv) The counsellor in the discharge of his duties refer the parties to an
expert in any other area such as medicine or psychiatry.
29. Confidentiality of information.- Any information gathered by the counsel-
lor, any statement made before the counsellor or any notes or reports 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.
30. Counsellor not to give evidence.- The counsellors shall not be permitted to
give evidence in any Court in respect of the information, statements, notes or
report acquired or prepared by them. However, if required by the Court, a report
relating to the home environment of the parties concerned, their personalities
and their relationship with their child/children shall be submitted in order to
assist the Court in deciding the question of custody or guardianship of any
child/children of the marriage:
Provided further that the counsellor shall also submit to the Court, a report
relating to home environment, income or standard of living of the party or par-
ties concerned in order to assist the Court in determining the amount of mainte-
nance and/or alimony to be granted to one of the parties.
31. Report from the counsellor.- The Court may also request the counsellor to
submit to it a report on any subject in order to assist the Court in adjudicating
upon the matter before it or any part thereof may be supplied to the parties on
request.
32. Parties right to make submissions.- The parties shall be entitled to make
their submission on the report.
33. Counsellor not to be cross-examined.- The counsellor shall not be asked to
give evidence and shall not be cross-examined in any Court in respect of the
report so made.
34. Submission ofmemorandum.- Save as aforesaid, the counsellor shall submit
a brief memorandum to the Court informing the Court of the outcome of the
proceedings before him.
35. Settlement before counsellor.- When the parties arrive at a settlement
before the counsellor relating to the dispute and any part thereof, such settle-
ment shall be reduced to writing and shall be signed, by the parties and counter-

TNCCA (2011)-16
242 Tamil Nadu Civil Courts Acts 2011

signed by the counsellor. The COllrt shall pronounce a decree or order in terms
thereof unless the Court considers the terms of the settlement unconscionable or
unlawful.

36. Filing of memorandum in Court.- On the proceedings before the counsellor

coming to an end and upon the counsellor filing a memorandum in the petition
setting out the outcome of the proceedings before him as irreconcilable, the
Judge shall list the case for trial.

37. Placing the petitio~ on the Board of the Court.- On the date so fixed by the
Judge, the petition shall be placed before the Court for hearing and final dis-
posal.

38. Adjournments.- (i) The petItIOn so fixed shall not be adjourned by the
Court unless there are exceptional circumstance justifying such adjournments
and unless they are such as could not have been foreseen when the date of hear-
ing was fixed. The Court shall record its reasons for adjourning a matter.
(ii) Every endeavour shall be made by the Judge to secure a settle men t of the
disputes by conciliation throughout the trial. Adjournments are to be avoided as
far as possible.

39. Independent legal representation of a minor.- It shall be open to the Court

to appoint any person capable of protecting the interests of a minor as his/her
representative to represent independently the minor affected by litigation before
the Court. The Court shall endeavour that such representative should not derive
any undue pecuniary advantage out of the appointment. The Court may appoint
a representative to represent independently to represent the minor affected by
litigation before the Court. The Court shall endeavour that such representative
should not derive any undue pecuniary advantage out of the appointment. The
Court may appoint a representative as amicus curiae to assist the Court in the
discharge of its duties.

40. Evidence.- The Court shall prepare a memorandum of the substance what
the witness deposes as prescribed under section 15 of the Family Courts Act,
1984 (Central Act 66 of 1984).

41. Permission for representation by a lawyer.- (i) 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. The reason for granting permission shall be recorded in the- order.
Such permission for the assistance of the lawyer by either of the parties cannot
be claimed or entertained as a matter of right. Permission so granted may be
revoked by the Court at any stage of the proceedings if the Court considers it
just and necessary.
 243
Family Courts (Procedure) Rules, 1996

(ii) Time for making application:-An application by a party for being repre-
sented by a lawyer in Court shall be made by such party to the Court only after
service of notice on either side upon appearance. Such an application shall be
made at least two weeks prior to the date fixed for hearing.
(iii) 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 applica-
tion.
42. Copy of Judgment/Order to be given free of cost.
43. Interim application.- All interim applications to a copy of every Judgment/
Order against which an appeal lies under section 19 of the Act shall be given free
of cost to the parties.
The Court shall be separately numbered as Interim Application No .
in Petition No .
44.Interim applications while matter is pending before the counsellor.- An
interim application may be made even while the matter is pending before the
counsellor.
45. Report from the counsellor.- The Court may ask the counsellor to submit an
interim report for the purpose of such application before deciding an interim
application.
GUARDIANSHIP

46. Application for guardianship.- All applications for guardianship other than
the applications over which the High Court has jurisdiction shall be filed before
the Family Court.
47. Form of application.- Every application shall be in the form of petition. The
rules framed under the Guardian and Wards Act, 1890 (Central Act ... of 1890)
by the High Court of Madras shall apply to all the proceedings in relation to the
Guardian and Wards Act.
t
48. Deposit of money into Court.- All deposits of money made by the parties to
"' the proceedings before the Family Court shall be in Form NO.2 as given in
Appendix 1.
e
:i 49. Withdrawal of amount from the Court.- All payments to be withdrawn out of
e Court by the party or parties entitled to such withdrawal shall be in Form NO.3
e as given in Appendix 1.
r. 50. Provision of Code of Civil Procedure and Code of Criminal Procedure to
)t apply.- Save as aforesaid, the provisions of the Code of Civil Procedure, 1908
(Central Act V of 1908), or the Code of Criminal Procedure, 1973 (Central Act 2
of 1974), as the case may be, shall apply to the proceedings of the FamilyCourt.
 244 Tamil Nadu Civil Courts Acts 2011

51. Rules under section 122 of the Code.- (i) Rules framed by the High Court
under section 122 of the Code for regulating the procedure of Civil Courts sub-
ordinate to it shall apply to the Family Courts in so far as they are not inconsist-
ent with the provision of the Act and these rules.
(ii) The Court shall give priority for execution proceedings and every
endeavour shall be made to terminate the execution proceedings wil>in the
shortest possible time.

52. Copy of judgment or order to be filed with appeal.- Every appeal under sec-
tion 19(1) of the Act shall be accompanied by a copy certified to be true copy by
the Court which passed the judgment.

53. Judgment and its contents.- Every judgment of the Court shall contain an
Appendix of the evidence oral and documentary adduced on behalf of the parties
to the proceedings and every witness for the applicant shall be described as peti-
tioners/plaintiffs witness and the evidence shall be marked as "P" series and
every witness for the respondent/defendant shall be described as respondents
witness and the evidence shall be marked as "R" series in the Appendix and a
serial number given. The Court witness, if any, shall be described as Court wit-
ness and the evidence, if any, shall be marked as "C" series.

54. Proceeding not to be invalid.- A proceeding before the Family Court shall
not become invalid by reason only for non-compliance with any of the proce-
dural requirements prescribed herein unless such non-compliance has occa-
sioned a failure of justice.

APPENDIX
FORM No.1

(See rule 7)
In the Family Court of ...................................................................
O.S/Petition No. .. .
............................................................. Petitioner /Plaintiff
versus
.................................. Respondent/Defendant
Whereas the above mentioned petitioner/plaintiff has instituted a petition/
suit against you as set out in the petition/plaint (annex the petition/plaint).
And whereas the suit/petition will be placed for directions of the Judge on
the day of. 20 .
You are hereby summoned to appear before the Judge to answer the peti-
tioner's claim on the said day of. 20 at 100' clock
in the forenoon.
 245
Family Courts (Procedure) Rules, 1996

Take notice on the day before mentioned after hearing parties who appear
directions will be given by the Judge as to the date of hearing before a counsellor
of the Family Court and other matters concerning.
Take further notice that if you fail to file your appearance in persons or if you
appear before the Judge on the day before mentioned the petition may be
ordered to be set down on board on the same day or any subsequent day as 'unde-
fended' and you will be liable to have a decree or orders passed against you.
Witness Principal Judge at. .
. . . . . .aforesaid this day of 20 .
Chief Ministerial Officer.

SEAL

The day of 20 .

Petitioner .............................................

Address ............................................
.......... .. ..... .. .. .......................
. .... ........ . ... .. . ..... .. . . . . .. . .. . . ......
. . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . .. . . . . . . .

FORM No.2

(See rule 48)

IN THE COURT OF THE PRINCIPAL
JUDGE/ADDITIONAL PRINCIPAL JUDGE
MP. No./LA No./20 .....
M.C. No'/O.S. No'/O.P. No./20 .....
Petitioner/Plain tiff
.....................................
versus
Responden t/Defendan t
......................................
Petition for deposit of money into Court
/ The above mentioned petitioner begs to state as follows:
The Honourable Court while passing an Order/Judgment in the above mat-
ter has directed the petitioner/plaintiff, defendant/respondent to remit a sum of
Rs Accordingly, the said sum is being remitted into the Court in obedience
to the orders passed. It is, therefore, prayed that this Honourable Court may be
pleased to permit the deposit of the said amount into the Court.
k Signature.
246 Tamil Nadu Civil Courts Acts 2011

VERIFICA TION

Verified that the facts stated above are true and correct to the best of my
information and knowledge and I sign this verification at Chennai on .
Date: Signature.

FORM No. 3
(See rule 49)
IN THE COURT OF THE PRINCIPAL
JUDGE/ADDITIONAL PRINCIPAL JUDGE
M.P. No./LA No./20 .....
M.C. No'/O.S. No./OP. No./20 .....
................................... Peti tioner/Plaintiff
versus
Respondent /Defendant

Petition for withdrawal of amount from the Court

Whereas a sum of Rs has been deposited into the Court by the
............. as per the orders passed by this Honourable Court in the above
matter.
The petitioner herein entitled to withdraw the said amount from this Hon-
ourable Court. There are no impediments for releasing the payment in my
favour and there are no rival claims.
I, therefore, pray that this Honourable Court may be pleased to pass an order
directing the payment of the said amount of Rs .
Signature.

VERIFICATION

Verified that the facts stated above are true and correct to the best of my
information and knowledge and I sign this verification at Chennai on .
Date: Signature.