familycourt@rayagada - Procedure in Crl. Proceedings

Gist of the procedure in case of criminal cases:-

JURISDICTION

01.Under the provisions of section 7 (2) of The Family Courts Act, 1984, subject to other provisions of this act, a family court shall also have and exercise the jurisdiction exercisable by a magistrate of the First Class under Chapter IX of the Cr.P.C.(relating to order for maintenance of wife, children and parents) and such other jurisdiction as may be referred on it by any other enactment.

02.Sec. 8(b) of The Family Courts Act, 1984 provides that where a Family Court has been established for any area, no magistrate shall in relation to such area, have or exercise any jurisdiction or power under chapter IX of the Cr.P.C.

PROCEDURE

03.Under the provisions of sec. 10(2) of The Family Courts Act, 1984, subject to other provisions of this Act and the rules, the provisions of the Cr.P.C or rules made there under shall apply to the proceedings under chapter IX of the Cr.P.C. (relating to order for maintenance of wife, children and parents).

04.However, it is important to note the special provision under section 10(3) of The Family Courts Act, 1984 which provides that nothing in sub section (1) or (2) shall prevent a Family Court from laying down its own procedure with a view to arrive at a settlement in respect of the subject matter of the suit or proceeding or at the truth of the facts alleged by one party and denied by the other.

05.Section 11 of The Family Courts Act, 1984 provides that: if the Family Court so desires, proceedings may be held in camera or shall be held in camera if either party so desires.

06.Cases under chapter IX of the Cr.P.C. (relating to order for maintenance of wife, children and parents) shall be filed in Form No.1 of the Family Courts (Court) Rules, 2010, duly verified by the Petitioner before the Family Court.

07.The interim petitions under various provisions covered under chapter IX of the Cr.P.C. (relating to order for maintenance of wife, children and parents) shall be filed in Form no.2 of the Family Courts (Court) Rules, 2010, duly verified by the Petitioner before the Family Court to be registered as Interim Petitions.

08.Section 9 (1) of Family Courts Act, 1984 says that: In the first instance, where it is possible the Family Court should take efforts for settlement between the parties.

09.Section 9 (2) of Family Courts Act, 1984 says that: if in any suit or proceeding it appears to the court that a reasonable possibility of a settlement between the parties, then the court may adjourn the case for a suitable period.

10.Section 9 (iii) of Family Courts Act, 1984 says that: The Power conferred by sub-Section (ii) shall be in addition to, and not in derogation of, any other power of the Family Court to adjourn proceedings.

11.Section 13 of The Family Courts Act, 1984 says that: No party to a suit or proceeding before Family Court shall be entitled as of right to be represented by a legal practitioner until the Court considers it necessary in the interest of justice.

12.Section 18(2) of the Family Courts Act, 1984 provides that an order passed by the Family Court under chapter IX of the Cr.P.C. shall be executed in the manner provided for the execution of such order by that code.

Appeal

13.Sec. 19(3) of The Family Courts Act, 1984 provides that every appeal under this section shall be preferred within a period of thirty days from the date of Judgment or order of a Family Court.

Misc.

14.Under the provisions of section 21(1) and 23(1) of the Family Courts Act, 1984, the Orissa High Court and the State of Odisha has enacted their respective rules namely The Family Courts (Court) Rules, 2010, and The Family Courts (Odisha) Rules 1990 respectively for carrying out the purpose of this Act.