10. KERALA HIGH COURT HINDU MARRIAGE (KERALA) RULES, 19631
1. Short title.—These rules may be called the Hindu Marriage (Kerala) Rules, 1963.
2. Commencement.—These rules shall come into force on the date of their publication in the Gazette.
3. Definitions.—In these rules unless there is anything repugnant in the subject to context—
(a) “Act” means the Hindu Marriage Act, 1955 (Central Act 25 of 1955)
(b) “Code” means the Code of Civil Procedure, 1908.
(c) “Court” means the Court mentioned in Section 3 (b) of the Act.
(d) “Form” means a form appended to these rules.
(e) All other words and expressions used herein but not defined shall have the meaning respectively assigned to them in the Act.
4. Certified extract etc. to accompany petitions.—(i) Every petition under the Act shall be accompanied by a certified extract from the Hindu Marriage Register maintained under Section 8 of the Act and, in the absence of the same, by an affidavit to the effect that the petitioner was married to the respondent.
(ii) Every petition for divorce on any of the grounds mentioned in clauses (i) and (ii/ of Section 13 (1 A) of the Act shall be accompanied by a certified copy of the decree for judicial separation or for restitution of conjugal rights, as the case may be.
5. Forms of proceedings.—The following proceedings under the Act shall be initiated by original petition;
(i) under Section 9 for restitution of conjugal rights; (ii) under sub-section (1) of Section 10 for judicial separation;
(iii) under sub-section (2) of Section 10 for rescinding a decree for judicial separation;
(iv) under Section 11 for declaring a marriage null and void ;
(v) under Section 12 for annulment of a marriage by a decree of nullity;
and (vi) under Section 13 for divorce.
6. Cause Title.—Every petition, application decree or order under the Act shall be headed by Cause Title in Form No. I and shall set forth the provision of the Act under which it is made.
1. Vide Notification No. B1-1827/62M) dated~24th July, 1963
7. Contents of petition.—(1) In addition to the particulars required to be given under Order VII, Rule (1) of the Code and Section 20(1) of the Act, every petition for judicial separation, nullity of marriage, or divorce shall contain the following particulars :
(a) the place and the date of the marriage, the names of the parties and their occupation, the place and address, where the parties reside or last resided together with the jurisdiction of the Court;
(b) the name, status and domicile of the wife and husband before and after the marriage;
(c) whether there is living any issue of the marriage and, if so, the name and date(s) of birth or age(s) of such issue, or all such issues;
(d) whether there have been any previous proceedings in any Court in India with reference to the marriage, by or on behalf of either of the parties and, if so, what proceedings and the result of such proceedings;
(e) the matrimonial offence or offences, if any, charged, set out in separate paragraphs, with the time and place of the alleged commission;
(f) the property mentioned in Section 27 of the Act, if any; and
(g) the relief or reliefs prayed for.
(2) If the petition is for restitution of conjugal rights, the date from which and the circumstances under which the respondent withdrew from the society of the petitioner shall be stated in the petition.
(3) In cases where desertion and/or cruelty are alleged, the petitioner shall state the date and the circumstances under which the alleged desertion began and/or the specific acts of cruelty.
(4) In every petition presented by a husband for divorce on the ground that his wife is living in adultery with any person or persons or for judicial separation on the ground that his wife has, after the solemnisation of the marriage, had sexual intercourse with a person or persons other than, her the petitioner shall state the name, occupation and place of residence of such ‘”Person or persons so far as they can be ascertained.
(5) In every petition presented by a wife for divorce on the ground that her husband is living in adultery with any woman or woman or for judicial separation on the ground that her husband has after the solemnisation of the marriage, had sexual intercourse with any person or persons other than her1, the petitioner shall state the name, occupation and place of residence of such woman or women so far as they can be ascertained.
8. Full particulars to be given.—(1) In cases where respondent is alleged to be suffering from a virulent form of leprosy or venereal disease in a
1. Now for either remedy on the ground of extramarital sex.
communicable form, or unsoundness of mind, full particulars as to when such ailment began to manifest itself and the nature and period of any curative steps taken, shall be given.
(2) In any petition for divorce on the ground of adultery, the petitioner shall be required to give particulars, as clearly as he can, of the acts of adultery alleged to have been committed by the respondent.
9. Affidavit on non-cohabitation.—A petition for divorce after the passing of a decree for judicial separation shall be accompanied by an affidavit made by the petitioner to the effect that he or she has not resumed cohabitation for a period ,of one year or upwards after the passing of the decree for judicial separation.
10. Presentation of petition.—Every petition or application under the
Act shall be presented to the Court in person or through an Advocate or a
Pleader or a recognized Agent.
11. Necessary parties.—(a) In every petition for divorce or judicial separation on the ground that the respondent is living in adultery or has, after the solemnisation of the marriage, had sexual intercourse with any person/ the petitioner shall make such person a co-respondent.
(b) In every petition under Section 13(2)C/’j of the Act the petitioner shall make “the other wife” mentioned in that Section a co-respondent.
(c) In every petition under Section 11 of the Act on the ground, that the condition in Section 5(i) contravened the petitioner shall make the spouse of the respondent alleged to be living at the time of the marriage a co-respondent.
(d) The petitioner may, however, apply to the Court by an application supported by an affidavit for leave to dispense with the joinder if the corespondent in cases covered by sub-rule (a) above on any of the following grounds
(i) that the name of such person is unknown to the petitioner although he has made due efforts for discovery;
(ii) that such person is dead;
(iii) that the respondent being the wife is leading the life of a prostitute and the petitioner knows of no person with whom she has committed adultery or has had sexual intercourse;
(iv) for any other reason that the Court may deem fit and sufficient to consider.
12. Verification of petitions.—Statement contained in every petition or written statement shall be verified in the manner required by the Code.
13. Application for leave under Section 14 of the Act.—(1) Where any party to a marriage desires to present a petition for divorce within one year of such marriage, he or she shall obtain leave of the Court under Section 14 of the Act on ex parte application made to the Court in which the petition for divorce is intended to be filed.
(2) The application shall be accompanied by the petition intended to be filed bearing the proper court-fee under the law, and in accordance with the rules. The application shall be supported by an affidavit made by the petitioner setting out the particulars of exceptional hardship to the petitioner, or exceptional depravity on the part of the respondent on which leave is sought.
(3) Evidence in such application may, unless otherwise directed by the Court, be given by affidavit.
(4) When the Court grants leave; the petition shall be deemed to have been duly filed on the date of the said order. The petitioner shall within a week of the date of the said order, file sufficient number of copies of the petition for divorce, for service upon the respondent in the petition.
14. Notice.—The Court shall issue notice to the respondent and corespondent, if any. The notice which shall be in Form No. II, shall be accompanied by a copy of the petition and affidavit in support thereof. The notice shall, unless the Court otherwise directs, require the respondent and the co-respondent to file their written statements within a period of four weeks from the date of service of notice and to serve a copy of the same upon each of the other parties to the petition within the aforesaid period.
15. Service of petitions.—Every petition and notice under the Act shall be served on the party affected thereby in the manner provided for service of summons under Order V of the Code.
16. Contents of written statements.—The provisions of Order VHI of the
Code shall apply mutatis mutandis to the written statement, if any, presented by the respondent or the co-respondent in answer to the petition.
17. Application for alimony and maintenance.—Every application for maintenance pendente lite, permanent alimony and maintenance and education expenses of minor children shall state the average monthly income of the petitioner and the respondent; the source of their income, particulars of all movable and immovable property owned by them, the number of dependants on them and their names and ages.
18. Form of decree.—Every decree under the Act other than a decree of the High Court shall be drawn up in Form No. HI and shall be signed by the Judge under his hand and seal.
19. Transmission of certified copy of the decree.—The Court shall send a certified copy of every decree for divorce or nullity or dissolution of marriage to the Registrar of Marriages maintaining the Hindu Marriage Register.
20. Costs.—(a) Unless otherwise directed by the Court the costs of a petition under the Act shall be taxed as in a suit.
(b) Whenever in any petition presented by a husband, the alleged adulterer has been made a co-respondent and the adultery has been established, the Court may order the co-respondent to pay the whole or any part of the costs of the proceedings.
Provided that the co-respondent shall not be ordered to pay the petitioner’s costs :
(i) if the respondent was at {he time of the adultery living apart from her husband and leading the life of a prostitute; or
(ii) if the co-respondent had not, at the time of the adultery, reason to believe that the respondent was a married person.
FORM No. I
[See Rule 6]
In the Court of …………………………
Original Petition ………………………… of 20…….
In the matter of the Hindu Marriage Act, 1955
A.B.…………………………………………………… Petitioner
Versus
CD. ……………………………………;……,………. Respondent
Petitioner under section ………………………… of the Hindu Marriage Act,
1955 and rule ………………………… of the Rules framed under the Act.
FORM NO. II
[See Rule 14]
In the court of …………………………
Original Petition No. ………………………… of 20…….
In the matter of the Hindu Marriage Act, 1955
A.B . …………………………………………………… Petitioner
Versus
CD . …………………………………………………… Respondent
Petition presented on …………………………….
Petition filed on…………._……………………….
Notice issued on……………………………………….
Whereas on the ………………………… day of ………………………… 20…. the
above-named petitioner filed a petition against the respondent for ………………………… (specify the relief) ………………………… you are hereby
required to appear in this Court on the ………………………… day of
………………………… 20………. at 11 a.m. in person or by Pleader duly instructed
and able to answer all material questions relating to the above proceeding.
Also take notice that in default of your appearance on the aforesaid day the issues will be settled and the petition heard and determined in your absence. You shall also bring with you or send by your Pleader any document which the petitioner desires to inspect and any document on which you intended to rely in support of your defence. You are required to file your written statement within a period of four weeks from the date of service of notice and to serve a copy of the same upon each of the other parties to the petition within the aforesaid period.
Given under my hand and the seal of this Court, this…………………. day
of………………. 20…….
Judge
FORM NO. Ill
[See Rule 18]
Cause Title same as in Form No. I
This petition coming on……….:……………….. for final hearing before Shri
…………………………… Judge, in the presence of Shri………………………………..
Advocate/Pleader for the petitioner, and Shri ………………………… Advocate/
Pleader for the respondent, the Court being satisfied that (here set out all or, any of the grounds specified in Section 23 of the act, as the particular case may require which Court considers exist for granting relief), it is ordered and decreed as follows :
Given under my hand and the seal of this Court, this …………………………
day of ………………………… 20………
Judge.
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