Code of Civil Procedure, 1908 | Order XXXII-A

Order XXXII-A Rule 2 CPC - Proceedings to Be Held in Camera

Order XXXII-A Rule 2 of the Code of Civil Procedure, 1908 provides for private, or in camera, hearings in family-related civil suits and proceedings. It allows the court to direct a private hearing and requires one when either party wishes it.

Text of Order XXXII-A Rule 2 CPC

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.

Meaning and Legal Effect of Rule 2

In camera proceedings are hearings conducted privately rather than in a courtroom open to the general public. The purpose is to protect the privacy and dignity of individuals in sensitive family disputes.

Discretion of the court

The words "may be held in camera if the Court so desires" permit the court to order a private hearing on its own initiative in proceedings covered by Order XXXII-A.

Request by either party

The words "shall be so held if either party so desires" make an in camera hearing mandatory when either party requests one in a proceeding to which the Order applies. The provision does not require both parties to agree.

A party may bring the request to the court's attention during the proceeding, preferably through an application or a recorded oral request. The court can then make appropriate arrangements for a private hearing.

Which Cases Are Covered?

Order XXXII-A Rule 1 governs the application of this Order to suits or proceedings concerning the family. Examples include matrimonial relief, declaration of legitimacy, guardianship or custody, maintenance, adoption, certain succession disputes brought by family members, and other family matters governed by personal law.

Rule 1(3) also provides that provisions of Order XXXII-A dealing with a matter covered by a special law do not apply to the extent that the special law provides for that matter. Accordingly, the applicable special statute and forum must also be checked.

Section 11, Family Courts Act, 1984

Section 11 provides that proceedings before a Family Court may be held in camera if the Family Court so desires and shall be held in camera if either party so desires. Where a Family Court has jurisdiction, this specific statutory provision is particularly relevant.

Section 22, Hindu Marriage Act, 1955

Section 22 requires proceedings under that Act to be conducted in camera and restricts publication of material relating to those proceedings, subject to its statutory terms. This is a distinct privacy requirement that must be considered in applicable matrimonial cases.

Order XXXII-A Rule 3 CPC

Rule 3 addresses the court's duty to make efforts for settlement in family-related proceedings. Privacy under Rule 2 and settlement efforts under Rule 3 serve different purposes.

Official Legal Sources

For the current statutory text and any amendments, consult the India Code official legislation database and search for the Code of Civil Procedure, 1908, the Family Courts Act, 1984, or the Hindu Marriage Act, 1955. Relevant rules and local court practice may also apply.

This article explains the central statutory framework for general information. Its application depends on the nature of the case, the competent court and any applicable special law.