Code of Civil Procedure, 1908 | Order XXXII-A

Order XXXII-A Rule 4 CPC - Assistance of Welfare Expert

Order XXXII-A Rule 4 empowers a civil court hearing a family-related matter covered by this Order to obtain assistance from a suitable person, including a family welfare professional, to support its efforts to help the parties reach a settlement.

Text of Order XXXII-A Rule 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.

Meaning and scope of Rule 4

The words "it shall be open to the Court" confer discretion: appointment of a welfare expert is permitted, but is not compulsory in every case. The court may choose a suitable person who is related or unrelated to the parties, including someone professionally engaged in family welfare. The provision expresses a preference for a woman where available; it does not impose an absolute requirement.

The assistance is tied specifically to the settlement-related functions under Order XXXII-A Rule 3. A welfare expert assists the court; the court retains responsibility for judicial decisions. The rule does not itself give an expert authority to decide the dispute or compel the parties to settle.

When does Order XXXII-A apply?

Rule 1 identifies the family-related suits and proceedings covered by the Order, including specified matters concerning matrimonial relief, legitimacy, guardianship, custody and maintenance. Applicability depends on the nature of the proceeding and the governing statute.

Connection with the court's duty under Rule 3

Rule 3(1) directs the court, where consistent with the case's nature and circumstances, to endeavour in the first instance to assist the parties in reaching a settlement. Under Rule 3(2), the court may adjourn proceedings if a reasonable possibility of settlement arises. Rule 4 enables the court to obtain suitable welfare assistance for that purpose.

Order XXXII-A Rule 2: permits in-camera proceedings and requires them when either party so desires.
Order XXXII-A Rule 5: requires the court, so far as reasonably possible, to inquire into the facts alleged by both sides.
Order XXXII-A Rule 6: explains the meaning of family for this Order.
Family Courts Act, 1984, Section 5: permits rules providing for association of social welfare agencies and family welfare professionals with Family Courts.
Section 6: addresses counsellors, officers and other staff assisting Family Courts.
Section 12: independently empowers Family Courts to secure the assistance of medical or welfare experts and suitable persons.

In Family Court proceedings, the Family Courts Act and applicable procedural and state rules must also be considered. Order XXXII-A Rule 4 and Section 12 of the Family Courts Act are related but distinct provisions.

Practical significance

A court may consider assistance from an appropriate family welfare professional when communication difficulties, family circumstances or the interests of children make settlement discussions more complex. Any assistance should be consistent with the nature of the case, the parties' rights and the applicable law. Settlement is not required where it would be inappropriate or unlawful.

Official statutory sources

This article explains the central statutory framework. Court rules, local amendments and subsequent legislative changes should be checked for the particular proceeding.