Code of Civil Procedure, 1908 | Family proceedings

Order XXXII-A Rule 5 CPC - Duty to Inquire into Facts

Order XXXII-A Rule 5 of the Code of Civil Procedure, 1908 places a duty on the court to inquire, as far as reasonably possible, into the facts alleged by both sides in a family-related suit or proceeding to which the Order applies.

Text of Order XXXII-A Rule 5

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.

Read the official Code of Civil Procedure, 1908 (India Code PDF) and the India Code legislation record.

Meaning and purpose of Rule 5

The rule requires the court to take a reasonable, active interest in ascertaining the relevant facts rather than treating the opposing allegations in family litigation as matters to be considered only mechanically. The court must consider the factual assertions of both the plaintiff and the defendant.

The words "so far it reasonably can" qualify the duty. They require reasonable inquiry in the circumstances of the case, not an unlimited investigation or a guarantee that every allegation will be independently established. The rule does not, by itself, eliminate applicable requirements of evidence, procedural fairness or the parties' opportunity to be heard.

Which proceedings does Order XXXII-A cover?

Rule 1 identifies the family-related suits and proceedings covered, including disputes concerning marriage or matrimonial status, legitimacy, guardianship or custody, maintenance, adoption, family succession and certain other matters governed by personal law. Rule 1(3) preserves the operation of special-law provisions covering the same matter.

How the court may inquire into facts

Consider both pleadings: examine the factual allegations made by the plaintiff and the defendant.
Clarify disputed matters: seek appropriate clarification where facts material to the family dispute remain uncertain.
Examine available material: consider relevant documents, testimony and other admissible evidence under the applicable procedure.
Respect fairness: provide both sides a proper opportunity to address material relied upon in deciding the dispute.

These are practical illustrations of the rule's purpose, not an exhaustive statutory checklist or a separate grant of unrestricted investigative powers.

Related provisions under Order XXXII-A

Rule 2 - Proceedings in camera

The court may hold covered proceedings in camera and must do so if either party desires it, subject to the applicable legal framework.

Rule 3 - Efforts towards settlement

Where consistent with the nature and circumstances of the case, the court should first endeavour to assist the parties in reaching a settlement; the rule also permits an adjournment where a reasonable possibility of settlement exists.

Rule 4 - Assistance of a welfare expert

The court may obtain assistance from a suitable person, including a family-welfare professional, for the settlement-related functions under Rule 3.

Rule 6 - Meaning of family

Rule 6 describes family groupings for the purposes of this Order and expressly does not displace definitions of family under personal or other applicable law.

Practical significance

In disputes involving maintenance, custody, guardianship or matrimonial status, the court's decision may depend on circumstances that are not fully reflected by a single party's account. Rule 5 therefore emphasizes reasonable inquiry into both sides' factual allegations, while leaving the nature and extent of that inquiry to the circumstances and applicable procedure.

Legal note: Order XXXII-A was introduced by the Code of Civil Procedure (Amendment) Act, 1976, with effect from 1 February 1977. Check applicable special statutes, state amendments and current judicial directions for the particular proceeding.

Official legal reference

Code of Civil Procedure, 1908 - First Schedule, Order XXXII-A (Government of India).