61. Bar of suit for criminal conversation.—After this Act comes into operation, no person competent to present a petition under sections 2 and 10, shall maintain a suit for criminal conversation with his wife.
62. Power to make rules.—The High Court shall make such rules61 under this Act as it may from time to time consider expedient, and may from time to time alter and add to the same:
Provided that such rules, alterations and additions are consistent with the provisions of this Act, and the 62[Code of Civil Procedure, 1908 (5 of 1908).]
All such rules, alterations and additions shall be published in the Official Gazette.
SCHEDULE OF FORMS
No. 1—PETITION BY HUSBAND FOR A DISSOLUTION OF MARRIAGE WITH DAMAGES AGAINST CO-RESPONDENT, BY REASON OF ADULTERY
(See sections 10 and 34) In the (High) Court of……………………………………………………………………………………………………..
To the Hon’ble Mr. Justice………….:…………………………… [or To the Judge of……..’….……………|
The………………………..day of…….:…………………
The petition of A.B., of
sheweth,
1. That your petitioner was on the………………………..day of………………………..was lawfully
married to C.B., then CD., spinster, at………………………..*
2. That from his said marriage, your petitioner lived and cohabited with his said wife at……………………….and at……………………….in………………………and lastly at………………………..
in………………………..and that your petitioner and his said wife have had issue of their said
marriage,…………………………….. children, of whom…………………………..sons only survive, aged
respectively………………………..and………….:……………years.
3. That during the………………………..years immediately preceding the………………………..day
of……………………………….X.Y., was constantly, with few exceptions, residing in the house of
your petitioner at………………………..aforesaid, and that on diverse occasions during the said
period, the dates of which are unknown to your petitioner, the said C.B., in your petitioner’s
said house committed adultery with the said X.Y. ]
I 4. That no collusion or connivance exists between me and my said wife for the purpose of • obtaining a dissolution of our said marriage or for any other purpose.
Your petitioner, therefore, prays that this (Hon’ble) Court will decree a dissolution of the said marriage and that the said X.Y., do pay the sum of rupees 5,000 as damages by reason of his having committed adultery with your petitioner’s said wife, such damages to be paid to your petitioner, or otherwise paid or applied as to this (Hon’ble) Court seems fit.
(Signed) A.B.** Form of verification
I., A.E., the petitioner named in the above petition, do declare that what is stated therein is true to the best of my information and belief.
61. For rule in force in Bombay as to confirmation of decrees for dissolution of marriage, see Bom. R. &O.
62. Substituted by Act 51 of 2001, S. 31, for “Code of Civil Procedure” (w.e.f. 3-10-2001).
State Amendment—[Uttar Pradesh],—(1) In Form No. 1—(z) the words and the brackets (“High”) and “(or To the Judge of)” and the words “To the Hon’ble Mr. Justice” shall be omitted; (if) the words and brackets “(Hon’ble)” wherever occurring, shall be omitted.— U.P. Act XXX of 1957.
* If the marriage was solemnized out of India, the adultery must be shown to have been committed in India
** The petition must be signed by the petitioner.
No. 2—RESPONDENT’S STATEMENT IN ANSWER TO NO. 1. In the Court of…………………………..the…………………………..day of…………………………..
Between A.B., petitioner V
C.B., respondent, and
X.Y., co-respondent.
C.B., the respondent, by D.E., her attorney [or vakil], in answer to the petition of A.B., says that she denies that she has on diverse or any occasions committed adultery with X.Y., as alleged in the third paragraph of the said petition.
Wherefore the respondent prays that this (Hon’ble) Court will reject the said petition.
(Signed) C.B.
State Amendment—[Uttar Pradesh].—In Form No. 2, the words and the brackets “(Hon’ble)” shall be omitted.—U.P. Act XXX of 1957.
No. 3—CO-RESPONDENT’S STATEMENT IN ANSWER TO NO. 1.
In the (High) Court of…………………………..the…………………………..day of…………………………..
Between A.B., petitioner
C.B., respondent, and
X.Y., co-respondent.
X.Y., the co-respondent, in answer to the petition filed in this cause, saith that he denies that he committed adultery with the said C.B., as alleged in the said petition.
Wherefore the said X.Y., prays that this (Hon’ble) Court will reject the prayer of the said petitioner and order him to pay the costs of and incident to the said petition.
(Signed) X.Y.
State Amendment—[Uttar Pradesh].—In Form No. 3, the words and the brackets “(High)” and “(Hon’ble)” shall be omitted.—U.P. Act XXX of 1957.
No. 4—PETITION FOR DECREE OF NULLITY OF MARRIAGE
(See section 18) In the (High) Court of……………………………………………………………………………………………………..
To the Hon’ble Mr. Justice………………………………………..or To the Judge of I………………………]
The………………………..day of…:…………………….
The petition of A.B., falsely called AD. sheweth,
1. That on the………………………..day of………………………..your petitioner then a spinster,
eighteen years of age, was married in fact, though not in law, to C.D., then a bachelor of about thirty years of age, at [someplace in India].
2. That from the said…………………………………..day of………………………………….until the month
of…………………………………… your petitioner lived and cohabited with the said C.D., at diverse
places, and particularly a t………………………..aforesaid.
3. That the said CD., has never consummated the said pretended marriage by carnal copulation.
4. That at the time of the celebration of your petitioner’s said pretended marriage the said C.D. was, by reason of his impotency or malformation, legally incompetent to enter into the contract of marriage.
5. That there is no collusion or connivance between her and the said CD., with respect to the subject of this suit.
Your petitioner therefore prays thafr this (Hon’ble) Court will declare that the said marriage is null and void.
(Signed) AB
Form of verification.—SeeNo.l.
State Amendment—[Uttar Pradesh].—In Form No. 4, the words and the brackets
“(High)”, “(or To the Judge of)”, and “(Hon’ble)” and the words “To the Hon’ble Mr.
Justice”, shall be omitted .—UP. Act XXX of 1957.
No. 5—PETITION BY WIFE FOR JUDICIAL SEPARATION ON THE GROUND OF HER HUSBAND’S ADULTERY
(See section 22) In the (High) Court of……………………………………………………………………………………………………..
To the Hon’ble Mr. Justice……………………………………….. [or To the Judge of..,……………………]
The………………………..day of………………………..
The petition of AS., of……………………….. thewifeqf A.B.
sheweth,
1. That on the…………………………..day of…………………………..your petitioner, then CD., was
lawfully married to AB., at the Church of……………………….in tne……………………….
2. That after her said marriage, your petitioner cohabited with the said A.B., at……………………….and at……………………….and that your petitioner and her said husband have
issue living of their said marriage……………………….children to wit, etc., etc.*
3. That on diverse occasions in or about the months of……………………….. the said A.B.,
at……………………….aforesaid, committed adultery with E.F., who was then living in the
service of the said A.B., and your petitioner at their said residence………………………. aforesaid.
4. That on diverse occasions, in the months of………………………. and ……………………….the
said AiB., at……………………….aforesaid, committed adultery, with G.H., who was then living
in the service of the said A.B., and your petitioner at their said residence……………………….
aforesaid.
5. That no collusion or connivance exists between your petitioner and the said AB., with respect to the subject of the present suit.
Your petitioner therefore prays that this (Hon’ble) Court will decree a judicial separation to your petitioner from her said husband by reason of his aforesaid adultery.
(Signed) C.B.**
Form of verification.—SeeNo.l
State Amendment—f Uttar Pradesh].—See Form No. 4.
* State the respective ages of the children.
** The petition must be signed by the petitioner.
No. 6—STATEMENT IN ANSWER TO NO. 5
In the (High) Court of..………………………………………………………………….J…”………
B against B The……………………………….. day of.. ……………………………….
The respondent AB., by W.Y., his attorney [or vakil], saith,—
1. That he denies that he committed adultery with E.F., as in the third paragraph of the petition alleged, |
2. That the petitioner condoned the said adultery with E.F., if any.
3. That he denies that he committed adultery with G.H., as in the fourth paragraph of the petition alleged.
I 4. That the petitioner condoned the said adultery with G.H., if any.
Wherefore this- respondent prays that this (Hon’ble) Court will reject the prayer of the said petition.
(Signed) AB.
State Amendment—[Uttar Pradesh].—In Form No. 6, the words and the brackets
“(High)” and “(Hon’ble)”, shall be omitted.—U.P. Act XXX of 1957.
No. 7—STATEMENT IN REPLY TO NO. 6
In the (High) Court of………………………………………………………………………………..
B against B The…………………………………day of………………………………….
The petitioner, C.B., by her attorney [or vakil], says,—
1. That she denies that she condoned the said adultery of the respondent with E.F., as in the said paragraph of the statement in answer alleged.
2. That even if she had condoned the said adultery, the same has been revived by the subsequent adultery of the respondent with G.H., as set forth in the fourth paragraph of the petition.
(Signed)CB.
State Amendment—[Uttar Pradesh].—In Form No. 7, the word and the brackets “(High)”, shall be omitted.—U.P. Act XXX of 1957.
No. 8—PETITION FOR A JUDICIAL SEPARATION BY REASON OF CRUELTY
(See section 22) In the (High) Court of…………………………………………….’……………………………………………….’………
To the Hon’ble Mr. Justice……………………………………….. [or To the Judgeof………………………]
The………………………..day of………………………..
The petition of«AB. (wife of C.B.) of…………………………
sheweth,
1. That on the………………………..day of………………………..your petitioner, thenAD., spinster,
was lawfully married to C.B., at………………………..
2. That from her said marriage, your petitioner lived and cohabited with her said husband at……………………….until the………………………..day of………………………… when your
petitioner separated from her said husband as hereinafter more particularly mentioned, and that your petitioner and her said husband have had no issue of their said marriage.
3. That from and shortly after your petitioner’s said marriage, the said C.B., habitually conducted himself towards your petitioner with great harshness and cruelty, frequently
