Rule 3 of CPC : Rule 3: Duty of Court to make efforts for settlement.

Explanation using Example

Example 1:

Scenario: Divorce and Child Custody Dispute

Ravi and Priya have filed for divorce and are in a dispute over the custody of their 8-year-old son, Aryan. The case is brought before the Family Court under Order XXXIIA of the Code of Civil Procedure, 1908.

Application of Rule 3:

1. Initial Effort for Settlement: The judge, recognizing the emotional and psychological impact on Aryan, first attempts to mediate between Ravi and Priya. The judge arranges a meeting with a court-appointed mediator to help Ravi and Priya discuss and possibly agree on a joint custody arrangement.
2. Adjournment for Settlement: During the proceedings, it becomes apparent that Ravi and Priya might reach an amicable settlement if given more time. The judge adjourns the case for two months, allowing both parties to attend counseling sessions and mediation meetings to work out a mutually agreeable custody plan.
3. Additional Powers: Even if the mediation does not result in a settlement, the judge retains the power to adjourn the proceedings further if there is a reasonable possibility that more time might lead to a settlement.

Example 2:

Scenario: Property Dispute Among Siblings

Three siblings, Anil, Sunil, and Meena, are involved in a legal dispute over the division of their deceased parents' property. The case is filed in the Civil Court under Order XX...

Login to access all pages and read more content.

To disable ads and read rest of the premium content, subscribe to KanoonGPT Pro.