Rule 1 Order XXXII A of Code of Civil Procedure 1908 "Application of the Order"
(1) The provisions of this Order shall apply to
suits or proceedings relating to matters concerning the
family.
(2) In particular, and without prejudice to the generality
of the provisions of sub-rule (1), the provisions of this
Order shall apply to the following suits or proceedings
concerning the family, namely :-
(a) a suit or proceeding for matrimonial relief, including a
suit or proceeding for declaration as to the validity of a
marriage or as to the matrimonial status of any person;
(b) a suit or proceeding for a declaration as to legitimacy
of any person;
(c) a suit or proceeding in relation to the guardianship of
the person or the custody of any minor or other member of
the family, under a disability ;
(d) a suit or proceeding for maintenance ;
(e) a suit or proceeding as to the validity or effect of an
adoption;
(f) a suit or proceeding, instituted by a member of the
family, relating to wills, intestacy and succession;
(g) a suit or proceeding relating to any other matter
concerning the family in respect of which the parties are
subject to their personal law.
(3) So much of this Order as relates to a matter provided
for by a special law in respect of any suit or proceeding
shall not apply to that suit or proceeding.
Rule 2 Order XXXII A of Code of Civil Procedure 1908 "Proceedings to be held in camera"
In every suit or proceeding to which this Order applies, the proceedings may be held in camera if the Court so desires and shall be so held if either party so desires.
Rule 3 Order XXXII A of Code of Civil Procedure 1908 "Duty of Court to make efforts for settlement"
(1) In every suit or proceeding to which this Order applies,
an endeavour shall be made by the Court in the first
instance, where it is possible to do so consistent with the
nature and circumstances of the case, to assist the parties
in arriving at a settlement in respect of the subject matter
of the suit.
(2) If, in any such suit or proceeding, at any stage it
appears to the Court that there is a reasonable possibility
of a settlement between the parties, the Court may adjourn
the proceeding for such period as it thinks fit to enable
attempts to be made to effect such a settlement.
(3) The power conferred by sub-rule (2) shall be in addition
to, and not in derogation of, any other power of the Court
to adjourn the proceedings.
Rule 4 Order XXXII A of Code of Civil Procedure 1908 "Assistance of welfare expert"
In every suit or proceeding to which this Order applies, it shall be open to the Court to secure the services of such person (preferably a woman where available), whether related to the parties or not, including a person professionally engaged in promoting the welfare of the family as the Court may think fit, for the purpose of assisting the Court in discharging the functions imposed by rule 3 of this Order.
Rule 5 Order XXXII A of Code of Civil Procedure 1908 "Duty to inquire into facts"
In every suit or proceeding to which this Order applies, it shall be the duty of the Court to inquire, so far it reasonably can, into the facts alleged by the plaintiff and into any facts alleged by the defendant.
Rule 6 Order XXXII A of Code of Civil Procedure 1908 "Family"-meaning of"
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 issue of theirs; or of
such man or such wife,
(iii) any child or children being 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 issue of his, and any
child or children being maintained by him;
(c) a woman not having a husband or not living together with
her husband, any child or children being issue of hers, and
any child or children being maintained by her;
(d) a man or woman and his or her brother, sister, ancestor
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.
Explanation-For the avoidance of doubts, it is hereby
declared that the provisions of rule 6 shall be without any
prejudice to the concept of "family" in any personal law or
in any other law for the time being in force.