Suits relating to matters concerning the
family Order 32-A
In this article, we
will discuss the provision of the Order 32-A of the CPC (suits concerning
family matters). In this, we will discuss what is a family? What are the situations
where this order applies? Can a suit or
proceeding to which this order applies, be held in camera? Is there any duty of
the court to make efforts for settlement? Etc.
Let’s
begin.
Introduction:-
Order 32-A
was incorporated in the Civil Procedure Code in 1976 on the recommendations of the
Law Commission in its fifty-fourth report. This order attempts to highlight the
need for adopting a different approach where matters related to the family are
at issue, including the need for efforts to bring about an amicable settlement.
Application
of the Order (Rule 1):-
The provisions of this Order
shall apply to suits or proceedings relating to family matters.
The provisions of this Order shall apply
to the following suits or proceedings, which are:-
a. For matrimonial relief,
including declaration as to the validity of a marriage or as to the matrimonial
status of any person;
b. For a declaration as to the legitimacy
of any person;
c. In relation to the
guardianship of the person or the custody of any minor or other members of the
family, under a disability;
d. For maintenance;
e. As to the validity or
effects of an adoption;
f. Instituted by a member of
the family, relating to wills, intestacy, and succession;
g. Relating to any other
matter concerning the family in respect of which the parties are subject to
their personal law.
What
is the meaning of the Family?:-
Rule
6 define the meaning of the family and says that for the purposes of this
order, each of the following shall be treated as constituting a family namely:-
a. i. a man and his wife
living together,
ii.
Any child or children, being an issue of theirs; or of such man or such wife and maintained
by such man and wife;
b. a man not having a wife or
not living together with his wife, any child or children, being an issue of his,
and maintained by him;
c. a woman not having a husband
or not living together with her husband, any child or children being an issue of
hers, and maintained by her;
d. a man or woman and his or
her brother, sister, ancestors or lineal descendant living with him or her; and
e. any combination of one or
more of the groups specified in clause (a), clause (b), clause (c) or clause
(d) of this rule.
Can
proceeding be held in camera?:-
Family
counseling as one of the methods for achieving the object of preservation of the
family, hence, should be kept in the forefront. Therefore, proceeding in such suit
may not always be held in open court.
In
every suit or proceeding to which this order applies, the proceeding may be
held in camera if
a. The court so desires and
b. Shall be so held if either
party so desires.
Is there
any duty of the court to make efforts for settlement:-
Yes,
Under Order 32-A Rule 3 it is the court who shall make the endeavor in the first instance of the suit, where it is possible to do so in accordance with
the nature and circumstances of the case, to assisting the parties in getting
settled in relation to the subject matter of the suit.
And if at any stage of the suit or
proceeding it appears to the court that there is a reasonable possibility of a settlement between the parties, the court may adjourn the proceeding for a
period as it thinks fit to enable attempts to be made to effect such a
settlement.
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