Order XXXII-A Rule 6 CPC - Meaning of Family
Order XXXII-A Rule 6 of the Code of Civil Procedure, 1908 (CPC) identifies the family relationships covered for the purposes of Order XXXII-A, which concerns suits and proceedings relating to matters of the family.
What does Order XXXII-A Rule 6 provide?
Rule 6 explains which persons or groups are treated as constituting a family for this Order. It includes spouses and children, single parents and children, certain relatives living together, and combinations of these groups. Its explanation protects the meaning of family under other applicable laws.
Text and scope of Order XXXII-A Rule 6
Rule 6 - Family - meaning of
For the purposes of this Order, each of the following shall be treated as constituting a family, namely:
- a man and his wife living together,
- any child or children, being issue of theirs; or of such man or such wife,
- any child or children being maintained by such man and wife;
- a man not having a wife or not living together with his wife, any child or children, being issue of his, and any child or children being maintained by him;
- a woman not having her husband or not living together with her husband, any child or children being issue of hers, and any child or children being maintained by her;
- a man or woman and his or her brother, sister, ancestor or lineal descendant living with him or her; and
- any combination of one or more of the groups specified in clause (a), clause (b), clause (c) or clause (d) of this rule.
Explanation. For the avoidance of doubts, it is hereby declared that the provisions of rule 6 shall be without any prejudice to the concept of family in any personal law or in any other law for the time being in force.
Explanation of the family categories
Spouses living together and children - clause (a)
The rule includes a man and his wife living together, their children or children of either spouse, and children maintained by the couple. The statutory language expressly includes children maintained by the spouses even where parentage is different.
Father and children - clause (b)
A man who has no wife or is not living with his wife may constitute a family with his children and children maintained by him. The clause does not require that the father and mother live together.
Mother and children - clause (c)
A woman who has no husband or is not living with her husband may constitute a family with her children and children maintained by her.
Relatives living together - clause (d)
The definition also covers a man or woman living with his or her brother, sister, ancestor or lineal descendant. In this clause, the shared living arrangement is expressly relevant.
Combined family groups - clause (e)
One or more of the groups listed in clauses (a) through (d) may together constitute a family for purposes of Order XXXII-A.
Meaning of key expressions
Issue: In this context, a person's child or children. Ancestor: A person from whom another is descended, such as a parent or grandparent. Lineal descendant: A person in the direct descending family line, such as a child or grandchild. Maintained: Supported or provided for by the person or persons concerned. These explanations aid understanding and are not additional statutory definitions inserted into Rule 6.
Does Rule 6 replace definitions under personal laws?
No. The explanation to Rule 6 expressly states that the rule operates without prejudice to the concept of family under personal law or any other law in force. Therefore, its definition is intended for the application of Order XXXII-A and should not automatically be treated as the controlling definition for inheritance, marriage, adoption or other separate statutory questions.
Relationship with other provisions of Order XXXII-A
Rule 1 describes proceedings to which the Order applies; Rule 2 deals with proceedings in camera; Rule 3 addresses efforts toward settlement; Rule 4 concerns assistance from a welfare expert; and Rule 5 concerns the court's duty to inquire into relevant facts.
The application of Order XXXII-A in a particular case depends on the nature of the proceedings and any applicable special legislation, including laws governing Family Courts. The provision should be read with the full CPC and relevant amendments.
Official legal sources
For the current legislative text and applicable amendments, consult the Government of India's India Code database (search for the Code of Civil Procedure, 1908, Act 5 of 1908) and the Legislative Department, Ministry of Law and Justice. The Family Courts Act, 1984 may also be relevant where proceedings are before a Family Court.