Notification, 2011

Text

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448 A 1"·/ ~---• I TI-IE HI~H COURT OF JJDICA TURE AT BOMBAY

II)APPELLATE SIDE

NOTIFICATION

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No. P. 0 I02176- The Honourable 1he Chief Justice and Judges are pleased to direct that the following amendment be mar' e in the Family Courts Court) Rules. 1988, framed by the High Court under section 21 fthe Family Court Act, 1984:- PART· .. '. I ~ Substitute ;he following Rule 5(1.) an~ (2) for the existing Rule 5 of the Farn ily Courts (Court) ules, 1988:- ' " Institution (\1' Procf:edinp<~.'

(1) All proceedings instituted beforea jFal1'lily Court shall be by way ofa Petition .. In rcspe~t. of applications under Chapter J~ .of.the Criminal Procedure Code, however the provisions of char Code wjll apply. I . . .

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r (2) In aU the pennons and applic4tions under Chapter IX of. the Cflrn inal Procedure Code, where one of tne parties ~laims-to b~ married to the other, the cause tit\e may contain the maiden name as wen as the name 'Post marriage, of the parties thereto, if there is a change in the, name afte'(marriage. ", ..•. 'Provided that where the change inlame .of a 'Party post marriage, is notified in . the Official Gazette: such party' sball be !~rrayed with the name as notified in the Official Gazette, in additiOl+to the maiden name:

Provided further thatwhere a wife·lhas not changed her name after marriage by publishing notice in the Official Gazette.jshe may continue to mention her maiden nar.ie. I'" . Provided further that where a wife-jhaSnot change~ hername after 'marriage by' . publishing notice in the Official Gazene,/'She may contihue to mention her maiden ~ , ~llbstit).l.t~_tf~_efi>Uowi.ngRule 1;,. 1) and (2) for the eXi·s.ling~UI~~19<;)fthe

19. .' \fsel~vice ~fsunilnons:~ (I} Save in cases provided for in Stib~RLlle (2) .. and unk ~ourt shall otherwise orde~, the Service of a Summons to appear and .. " has been) ~(by evidence . showing th8j~ the Summons was served An . mann~r' provided by 'the Code of Civil prncedl.&re,Such proof shaH" .' ..... '. " ..... ohhe b;!iliffand (as to suchmatters.as. the..rai.liffcannot speak to of his ... ' . '.the pe~son who attended the ~aiJjff for:~ '.e puipose of. identjti~ation at the i .

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of service or of such other person or persons as can speak to the identity' of the person server or to other matters 'necessary to be proved in respect of the-service. '. . (2) In case 'where the petitio~er a~d respen~~nt reside at one and the same . address, in addition to the proof of service as provided by Sub-Rule (l),.the Court shall . direct- the party, desiring to establish proofof service bf Writ of Summons, to file an affidavit, precisely indicating the date. itim~ and mode of service of Writ of Summons upon the opponent and the service of trit>.of Summons shaf I:Ot be deemed to have been proved unless such affidavit is filet .

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44. Pronouncement of Judgement! Final Order :- (8) (I) In allproceedings, on' conclusion of hearing. the Court shall ihforrn the parties, the date of pronouncement of judgement and final order. ; ,. .

(2) . .The' ~ourt shall endeavor to plss t~e judgem~ntlfinal order, on the date fixed underSub-Rule (1), in the presence Oftre partieS'.,· .' .

. (3)--·_ The parties to such proceedings, s~all remain ?resent in the Court on the date.. fixed under Sub-Rule (I) to hear the pr1nouncemert ofjudgernent/final order: . -Provided thai; this rule ~hall not 'apply to 'the parties who ordinarily reside beyond the territorial limits of India:': .

,,' Provided further that the Coj,rt ~ay in an. appropriate case, for sufficient •...... 'exetnpt any party from appearance m the Coujt, to hear the pronouncement of , ent/final order, and shall record tcirsons for granting such exemption. . i Copy of divorce decree to be servedupon the parties:» (C) In all cases in which. . serve a certified copy of the decree u n the .parnes 'to the proceedings, by registered post acknowledgment due, within 15 d ys from the date of passing of the decree. . .1 n Sat I 'dav.

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Provisions this notification answers to

Read out of the instrument itself: an enabling provision is one it says it was made under, which is the power it rests on. The rest it names without resting on.

Other instruments under the same Act

All of the The Family Courts Act, 1984