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The Code of Civil Procedure, 1908: page 198

The Code of Civil Procedure, 1908, India Code delivered snapshot 393b8848fdfc476a, physical page 198, typed edition 77428589d4e341672ed6a3e5f663be7dec530c42d0600064ac1314302939267d. Unreviewed extraction.

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    1
     [16. Savings.—(1) Nothing contained in this Order shall apply to the Ruler of a foreign State suing
or being sued in the name of his State, or being sued by the direction of the Central Government in the
name of an agent or in any other name.
    (2) Nothing contained in this Order shall be construed as affecting or in any way derogating from the
provisions of any local law for the time being in force relating to suits by or against minors or by or
against lunatics or other persons of unsound mind.]
                                                  2
                                                  [ORDER XXXII-A
                                   Suits relating to matters concerning the family
    1. 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 proceedings 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;
                                                                        e
        (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;               od
         (d) a suit or proceeding for maintenance;
                                                                 aC
         (e) a suit or proceeding as to the validity or effect of an adoption;
                                                            di
        (f) a suit or proceeding, instituted by a member of the family, relating to wills, intestacy and
    succession;                                       In
        (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.
    2. 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.
    3. Duty of Court to make efforts for settlement.—(1) In every suit or proceeding to which this
Order applied, 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.
     4. 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.
    5. Duty to enquire 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.

1. Subs. by Act 104 of 1976, s. 79, for rule 16 (w.e.f. 1-2-1977).
2. Ins. by s. 80, ibid. (w.e.f. 1-2-1977).

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