The Government in
the Department of Justice has formulated Model Family Courts Rules
in consultation with the States and the High Courts and circulated
them to all the State Governments, Union Territory Administrations
and High Courts to ensure uniformity in the Family Courts Rules
framed by various State Governments.
The Department of
Justice has also issued clarifications to all the State Governments
forwarding a copy of the Supreme Court judgement delivered in
Writ Petition No. 1128/87-Kanpur Bar Association Vs. Union of
India and Others regarding the lawyers appearing in Family Courts.
This follows recommendations of the Parliamentary Committee on
Empowerment of Women, which in their routine tour of States noticed
that lawyers were appearing in Family Courts in a routine manner
Section 13 of the
Family Courts Act, 1984 provides that no party to suit or proceedings
before a Family Court shall be entitled, as of right, to be represented
by a lawyer or a legal practioner. However, the Court may in the
interest of justice, provide the assistance of a legal expert
as amicus curiae.
As regards giving
para-legal training to counselors serving the Family Courts, State
Governments have been advised to make such arrangements for them.
The Family Courts
are civil courts dealing exclusively with dissolution of marriage,
declaration of matrimonial status of any person, declaration of
ownership of proposals of the party concerned, interim order or
injunction arising out of marital relationship, declaration of
legitimacy of any person or guardianship of a person or the custody
or access to any minor and suits or proceedings for maintenance
amicably.
