Tuesday, March 22, 2011

ANDHRA PRADESH FAMILY COURTS (HIGH COURT) RULES, 1995


According to this rules Legal Practitioners may be permitted to appear as amicus curiae only and not as a PAID vakil with vakalatnama --so protest appearance of any advocate vehemently, they come only to watch some fun in the family courts.
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Roc. No.78-A/SO/95:- In exercise of the powers conferred by Section 21 of the Family Courts Act, 1984 (Central Act 66 of 1984) the High Court of Andhra Pradesh hereby makes the following rules to regulate the proceedings for the Family Courts in the State of Andhra Pradesh.
1. (a) Short Title:- These rules may be called the Andhra Pradesh Family Courts (High Court) Rules, 1995.
(b) Commencement: These rules shall come into force, with effect from the date of publication of these rules in A.P. Gazette..
(c) Application: These rules shall apply to the Family Courts established in the State of Andhra Pradesh under Section 3 of the Family Courts Act, 1984.
2. Definitions:- In these rules, unless the context otherwise requires;
(a) 'Act' means the Family Courts Act, 1984.
(b) 'Court' means the Family Court established under sub-section (1) of the Section 3 of the Act.
(c) 'High Court' means the High Court of Andhra Pradesh.
(d) 'Petition' shall include an application under Chapter-IX of the Code of Criminal Procedure, unless the subject mater or context otherwise requires.
(e) All other words and expressions used but not defined these rules and defined in the Act or in the Code of Civil Procedure, 1908 or in the Code of Criminal Procedure, 1973, shall have the meaning respectively assigned to them in the Act or as the case may be.
3. (a) The working hours and sittings of the Family Courts shall be as determined by the High Court in their application to the Civil Courts, except that the High Court shall fix in each calendar year the working hours and sittings of the Family Courts during vacations and holidays.
(b)The place or places where the Family Court shall sit shall be as specified by the High Court from time to time by an order in this regard.
(c) The family Court shall hold its sittings in open or in camera as determined by it in each case, but shall hold the proceedings in camera if either party so desires.
(d) The Family Court may hold its sittings outside normal working hours and on holidays if the Judge of the said Court considers it necessary to do so in the circumstances of the case, with the prior notice to parties, and to such other person or persons as the Judge may considers it necessary.
(e) Notwithstanding anything contained above, 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 parties to hold its sittings at a place other than its ordinary place of its sittings but within its limits of territorial jurisdiction, the Judge may do so for reasons to be recorded in writing and prior notice to all parties and to such other persons as the Judge may consider necessary. The Judge shall intimate the High Court about such sittings soon after a decision is taken in this behalf.
(f) The Family Court shall function on all days throughout the year except on authorised holidays as declared by the High Court.
(g) The Subordinate Courts calendar shall be the calendar of the Family Court except that there will be no vacations.
(h) No act of the Family Court shall be invalid for holding or continuing its sittings at any place of its choice on any holiday or outside normal working hours when such sittings is informed to the parties in advance.
4. All proceedings before the Family Courts shall be instituted by a petition in Form No.1 appended to these Rules, duly verified by the petitioner.
5. All interlocutory applications in the proceedings already instituted shall be entertained if verfied by the applicant in the manner as in Form No.1.
The petition in Form No.1 or any interlocutory application shall be in any language in Schedule VIII to the Constitution of India. There shall be no Court-fee or any other fee in respect of the petition in Form No.1 or any interlocutory application in the proceedings before the Family Court.
6. Notice of the proceedings including in any interlocutory application shall be issued in Form No.II appended to these rules along with a copy of the petition or the application as the case may be.
7. The Court shall ordinarily fix a date atleast three weeks from the date of ordering notice for the appearance of the opposite party. The Court can fix any later or earlier date if the proceedings so demand.
8. The provisions in Order 1 of the Code of Civil Procedure for addition of a necessary party or a proper party shall be applicable to a proceeding before the Family Court.
9. Proceedings before the Court shall be taken up in the presence of the parties, and a legal practitioner shall be allowed to appear only as amicus curiae, if the Court finds it necessary in the interests of Justice, and the fee, if any shall be paid to him as prescribed under the Rules framed under Section 23 of the Act.
10. The Court shall record only the substance of what the witness deposes and prepare a memorandum accordingly which shall be read and explained to the witness and the memorandum of the said substance recorded by the Court shall be signed by the witnesses and the Presiding Officer of the Court and shall form part of the record. The evidence taken on affidavit, if any, shall also form part of the record of the Court. The Judgment shall contain a concise statement of the case, the points for determination, the decision thereon and the reasons for such decision.
11. The Court shall furnish to the parties to the proceedings before it a copy of the judgment certified to be a true copy free of cost.
12. Appeal under Section 19(1) of the Act shall be in the manner of appeals against the original decree or order in a civil proceedings, but there shall be no Court fee payable for the appeal.
13. The Rules framed under the Guardians and Wards Act, 1890 by the High Court and published in Andhra Pradesh Gazette II, dated 11-2-1993 shall be applicable in matters relating to Guardians & Wards Act, 1890 to the extent they are not inconsistent with the provisions of the Act or the Rules framed thereunder.
14. Application for Guardianship:- All petitions for guardianship other than applications over which the High Court has jurisdiction, shall be filed before the Family Court.
15. Contents of the Application:- Every petition for guardinship, when it is by a person other than the natural parent or natural guardian of the child shall be accompained by a Home Study Report of the person asking for such guardianship and his/her spouse, if any, prepared by an approved Association of Social Welfare Agencies etc., or a suitably trained social worker, from the list of agencies and/or persons for the purpose of their association with the Court approved by the Government in the rule made under Section 5 of the Act, in consultation with the High Court.
16. In case of a child placed in guardianship the Court may, at any time direct a counsellor attached to the Court to supervise the placement of the child and submit a Report thereon to the Court in such manner as the Court may deem fit.
17. A Child study report of the child proposed to be taken in guardianship together with a photograph of the child should be filed in all petitions for guardianship, as required under Rule 23 of the Rules framed under the Guardian and Wards Act, 1890. Such report shall be in Form No. 3 prescribed in the appendix when the child is institutionalised or Court committed. The report shall be countersigned by the Petitioner.

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The institution of marriage itself is gradually being put to test in contemporary Indian society with IPC 498A kind of laws, more so in urban pockets. More couples than before are opting not to tie the knot, preferring to simply live together instead. Cohabitation is common in a small number of advanced societies, some of which - like the Scandinavian countries - give live-in couples the same rights as those who are legally wed.

Marriage, therefore, is often a mere formality, or a matter of choice, in such societies. However, the reality in India is different. Due to a combination of social and religious factors, as well as the absence of safety nets and welfare, marriage is still an institution that is preferred over any other form of union. It is the fundamental relationship around which families are built and lend stability to social structures in India.

That said, it is crucial that we recognise the changes that are taking place. Instead of ruing the loss of old values, we would be better off gearing up for new realities. That includes updating our laws and social attitudes.
Add not fire to fire.
Do not throw the arrow that will return against you.
Beggars can never be bankrupt.
You can bear with your own faults, and why not a fault in your wife/husband?
Better an egg today than a hen tomorrow.
The child who gets a stepmother also gets a stepfather.
Where there is dowry there is danger.
Anger can be an expensive luxury.
The bachelors crave to get married, and the married ones regret why he got married.
O daughter, I’m telling you. O daughter-in-law, listen to this…..
Pray one hour before going to war, two hours before going to sea, and three hours before getting married.
Even the moon has spots.
It takes time to save time.
Comment is free but facts are on expenses.
It is wise to keep in mind that neither success nor failure is ever final.
Readers are plentiful, thinkers are rare.
It is not whether you get knocked down; it is whether you get up again.
There are times when silence has the loudest voice.
Do not wait for success, go ahead without it.
One does not learn anything that one does not love.
When there is no enemy within, the enemies outside can not hurt you.
Do not look where you fell, but where you slipped.
To know the road ahead, ask those coming back.
If you bow at all, bow low.
The day you decide to do it is your lucky day.
Proof rather than argument.
Where you cannot climb over, you must creep under.
Faults are thick where love is thin.
It is harder to kill a whisper than even a shouted calumny.
BE THOU AS CHASTE AS ICE, AS PURE AS SNOW, THOU SHALT NOT ESCAPE CALUMNY.