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Report No. 83

6.31. Section 13.-

Section 13 provides that on the day fixed for the hearing of the application or as soon afterwards as may be, the Court shall hear such evidence as may be adduced in support of, or in opposition to the application. The section does not, of course, rule out the taking of evidence by the Court. In this connection it is to be noted that the Law Commission has, in its Report on the Code of Civil Procedure, emphasised1 the need for an enquiry by the Court in matters concerning the family.

The amended Civil Procedure Code2 provides that in suits or proceedings relating to matters concerning the family, "it shall be the duty of the Court to enquire, so far as it reasonably can, into the facts alleged by the plaintiff and into facts alleged by the defendant".

1. Law Commission of India, 54th Report, Chapter 32A.

2. Order 32A, rule 5(4), Code of Civil Procedure, 1908.

The Guardians and Wards Act, 1890 and Certain Provisions of the Hindu Minority and Guardianship Act, 1956 Back

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