RULES OF VARIOUS HIGH COURTS UNDER HINDU MARRIAGE ACT, 1955 PART VI

5. CALCUTTA HIGH COURT HINDU MARRIAGE RULES, 1957

1. These rules may be called the Hindu Marriage (Calcutta High Court) Rules, 1957.

2. In these rules, unless there is anything repugnant in the subject or context, the “Court” means the Judge sitting in Court.

3. (i) Where a petition for dissolution of a marriage by a decree of divorce is presented before the expiry of one year from the date of the marriage, the petitioner shall ask for the leave of the Court to present the petition by a separate application.

(ii) Every such application shall state in full the facts on which the petitioner wishes to rely for proof on the ground of exceptional hardship to the petitioner or exceptional depravity on the part of the respondent, and shall also contain full particulars of the children of marriage including age, sex and the place where, or the person or persons with whom, they are living. Such statement shall be fully verified by the applicant personally and when it is not so verified but verified by a different person the reason therefor shall be stated.

Provided that, if before this rule comes into force, any petition for divorce has already been presented before the expiry of one year from the date of the marriage, the Court will deal with such petition in such manner as it deems fit.

4. (i) The rules as regards the institution and trial of suits and as regards

the execution of decrees and orders on the Original Side of the High Court

shall apply, in so far as they are applicable, and shall be deemed to have

always applied, to proceedings under the Hindu Marriage Act, instituted on

the Original Side of the High Court.

(ii) The Civil Court Rules, 1956, shall apply in so far as they are applicable, and shall be deemed to have always applied to proceedings under the Hindu Marriage Act, instituted in the City Civil Court.