Order XXXII-A CPC: Suits Relating to Matters Concerning the Family

Order XXXII-A of Code of Civil Procedure: Suits Relating to Matters Concerning the Family

Official Bare Act Text

Override / Mandate Court Discretion Procedural Action Non-Compliance Limitation Monetary

Rule 1. Application of the Order

(1)The provisions of this Order shall apply to suits or proceedings relating to matters concerning the family:

(a)matrimonial relief;

(b)restitution of conjugal rights;

(c)custody, guardianship, or maintenance of minor children;

(d)validity of marriage;

(e)property of spouses.

Rule 2. Proceedings to be held in camera

In every suit or proceeding to which this Order applies, the proceeding may be held in camera if the Court so desires and shall be so held if either party so desires.

Rule 3. Duty of Court to make efforts for settlement

(1)In every suit or proceeding relating to the family, 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)The Court may adjourn the proceedings for such period as it thinks fit to enable attempts at settlement to be made.

Rule 4. Assistance of welfare expert

In any 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.

Legal Commentary & Landmark Judgments: Order 32A

Order XXXII-A regulates suits relating to matters concerning the family, mandating in-camera proceedings and imposing an affirmative duty upon the civil court to endeavor to assist the parties in arriving at a reconciliation.

Family Disputes Coverage [R. 1]: Applies to suits and proceedings relating to: (a) matrimonial relief, (b) declaration of validity of marriage or legitimacy, (c) guardianship and custody of children, (d) maintenance, (e) validity of family adoptions, and (f) partition and family settlements.
In-Camera Proceedings [R. 2]: Proceedings shall be held in camera if the court so directs, and shall be so held if either party so desires.
Affirmative Duty of Reconciliation [R. 3]: In every suit or proceeding, an endeavor shall be made by the court in the first instance, where it is possible to do so consistently with the nature and circumstances of the case, to assist the parties in arriving at a settlement.
Engagement of Welfare Experts [R. 4]: Court may secure the assistance of family welfare experts, counselors, or sociologists to facilitate conciliation.

Key Landmark Precedents:

K. Srinivas Rao v. D.A. Deepa, (2013) 5 SCC 226: The Supreme Court held that under Order 32A, courts handling family disputes have a statutory duty to direct parties to mediation in the first instance, noting that pre-litigation and trial mediation saves families from traumatic litigation.
Rajnesh v. Neha, (2021) 2 SCC 324: The Supreme Court referenced Order 32A conciliation mechanisms in standardizing maintenance adjudication across matrimonial litigation.

Courtroom Practice & Strategic Litigation Guidance:

In family partition or guardianship suits, move an application under Order 32A Rule 3 requesting the court to refer the parties to a trained family mediator before framing issues.

Order XXXII-A: Suits Relating to Matters Concerning the Family