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Procedure |
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Procedure: The Family Courts are free to evolve their own rules of procedure, and once a Family Court does so, the rules so framed over ride the rules of procedure contemplated under the Code of Civil Procedure. The Act stipulates that a party is not entitled to be represented by a lawyer without the express permission of the Court (However, in reality, it is invariably a lawyer who represents a party. This is done by filing a formal application seeking the Courts permission to be represented by a lawyer, and such permission, more often than not, is always granted). The most unique aspect regarding the proceedings before the Family Court are that they are first referred to conciliation and only when conciliation proceedings fail, is the matter taken up for trial by the Court. The Conciliators are professionals who are appointed by the Court. Once a final order is passed, the aggrieved party has an option of filing an appeal before the High Court. Such appeal is to be heard by a bench consisting of two judges. |
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