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Suits Relating to Matters Concerning The Family

The kinds of suits relating to family are:-

  • A matrimonial suit claiming any matrimonial relief including the declaration of validity of a marriage or matrimonial status of any person.
  • A suit claiming a declaration of legitimacy of any person.
  • A suit relating to custody / guardianship of a minor / any person of family under a disability.
  • A suit for maintenance
  • A suit for declaring validity or effect of an adoption
  • A suit for relating to wills, intestate and succession
  • A suit relating to any matter concerning family in respect of which the parties are subject to their personal law.

In all such cases, it shall be first the duty of court to make an endeavor to settle such types of suits, to which this order applies. (O32A R3)

"Family" for such suits shall include the following:

  1. A man and his wife living together plus any child or children born of them or either of them.
  2. A man not having a wife or not living with his wife, maintaining any child or children, born of him or otherwise.
  3. A woman and have husband/ not living with her husband, maintain any child/ children being born of her or otherwise.
  4. A man or woman living with his / her brother, ancestor or any close relative, related to him/her by blood.
  5. Any combination of one or more of the above.

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