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

RULES UNDER MARRIAGE ACT, 1955

1.       ALLAHABAD HIGH COURT HINDU MARRIAGE AND DIVORCE

      RULES, 1956

[No. 250/VnC. 22, dated the 18th September, 1956]

1. Short title and commencement.—These rules may be called the Hindu Marriage and Divorce Rules, 1956. They shall come into force with effect from the date of their publication in the Uttar Pradesh Gazette.

2. Definitions.—(i) “Act” means the Hindu Marriage Act, 1955 (Act XXV of 1955);

(ii)   “Code” means the Code of Civil Procedure, 1908;

(iii)   “Court” means the Court mentioned in Section 3 (b) of the Act.

3. Petition.—(a) Every petition under the Act shall be accompanied by a certified extract from the Hindu Marriage Register maintained under Section 8 of the Act, where the marriage has been registered under this Act.

(b) Every petition for divorce on any of the grounds mentioned in clause (viii) or (ix) of sub-section 13 of the Act¹ shall be accompanied by a certified copy of the decree for judicial separation or for restitution of conjugal rights, as the case may be.

4. Forms of petitions.—The petitions’ made under the Act and the answers filed thereto shall, so far as may be, with necessary modifications and adaptations, be the same as those prescribed in the Schedule to the [Indian] Divorce Act, 1869 (Act IV of 1869).

5. Contents of petitions.—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..and divorce shall contain the following particulars :

(a)   the place and date of marriage;                    

(b)   the name, status and domicile of the wife and husband before and after the mar

(c)   the principal permanent address where the parties cohabited and the address where they last resided together;

(d)   where there is any living issue of the marriage and, if so, the names, dates of birth and ages of such issues;

(e)   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 committed adultery with any person or persons”, the name occupation and place of residence of such person or persons so far as they can be ascertained;

1.    Now clauses (i) and (ii) of Section 13 (1A).

 (f)   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 women or for judicial separation¹ on the ground that her husband has committed adultery with any woman or women, the name, occupation and place of residence of such woman or women so far as they can be ascertained;

(g)   whether there have been in any Court in India any, and if so, what previous proceedings with reference to the marriage by or on behalf of either of the parties and the result of such proceedings;

(h)   the matrimonial offence or offences charged, set out in separate paragraphs, with the time and place of its or their alleged commission;

(i)   property mentioned in Section 27 of the Act, if any; and (j)   the relief or reliefs prayed for.

6. Necessary parties.—(a) In every petition for divorce or judicial separation on the ground that the respondent is living in adultery or has committed adultery¹ with any person, the petitioner shall make the alleged adulterer or adulteress a co-respondent to the petition unless he or she is excused by the Court from doing so 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 if a woman is leading the life of a prostitute and that the petitioner knows of no person with whom adultery has been committed; or

(iv)   any other reason that the Court considers sufficient.

   (b) In every petition under Section s 13(1) and 13(2) 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(1) is contravened, the petitioner shall make the spouse alleged to be 

       living at the time of the marriage a co-respondent.

  (d) If a petitioner does not make the alleged adulterer or adulteress, a correspondent,

       he shall at the time of presenting the petition file a separate application

       supported by an affidavit giving the reasons.

1. Now in the petition for either remedy on the ground of extramarital sex.

7. Verification of petition.—Statements contained in every petition shall be verified by the petitioner or some other competent person in the manner required by the Code for verification of plaints.

8. 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 filled.

(2) The application shall be accompanied by the petition to be filed bearing proper court-fee. 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) The evidence in such application may, unless the Court otherwise directs, 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 order or within such further time as is allowed by the Court, file sufficient number of copies of application for leave, the affidavit in support thereof, the order of the Court thereon and the petition for divorce for service upon the respondents in the petition.

9. Service of order granting leave and procedure after service.—(1) When the Court grants leave under the preceding rule of a copy of the application for leave, the affidavit in support thereof and the order granting leave along with the notice of the petition of divorce shall be served on the party to be affected thereby personally.

Provided that the Court may for a sufficient reason direct substituted service.

(2) (a) If the respondent desires to contest the petition for divorce on the ground that leave for filing the petition has been erroneously granted or improperly obtained, he or she shall set forth in his or her written statement the grounds with particulars on which the grant of leave is sought to be contested.

(b) The Court may if it deems fit, decide as a preliminary issue, the question as to the propriety of the leave granted to the petitioner and may for that purpose summon and examine witnesses.

10. Notice.—The Court shall issue notice accompanied by a copy of the petition to the respondent and co-respondent, if any. The notice shall require, unless the Court otherwise directs, the respondent or co-respondent to file his or her statement in Court, within one month of the service of the notice and to serve a copy thereof upon each of the other parties to the petition within the aforesaid period.

11. 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.

Provided that the Court may with such service altogether in case it seems necessary or expedient to do so.

12. Written statements or answers to petitions by respondents.—The

respondent may and, if so required by the Court, shall present a written statement in answer to the petition. The provisions of Order VIII of the Code shall apply mutatis mutandis to such written statements. If in any proceedings for divorce the respondent opposes the relief sought in the petition on the ground of the petitioner’s adultery, cruelty or desertion, the written statement shall state the particulars of such adultery, cruelty or desertion.

13. Intervenor’s petitions.—Unless the Court for good cause shown otherwise directs, where the written statement of the respondent alleges adultery by the petitioner with a named man or woman, a certified copy of such statement or such material portion thereof containing such allegations shall be served on such man or woman accompanied by a notice that such person is entitled within the time therein specified to apply for leave to intervene in the cause.

Costs regarding intervention—

(1)   Wherever the Court finds that an intervenor had no sufficient grounds to intervenue, it may order the intervenor to pay the whole or any part of the costs occasioned by the petition to intervene.

(2)   When the Court finds that the charge or allegation of adultery against the intervenor made in the petition or written statement is baseless or not proved made in the intervention is justified, may order the person making such change or allegation to pay to the intervenor the whole or any part of the cost of intervention.

14. Answer.—A person to whom leave to intervene has been granted may file in the Court an answer to a written statement containing the charges or allegations against the intervenor.

15. Mode of taking evidence.—The witness in all proceedings before the Court, where their attendance can be had, shall be examined orally and party may offer himself or herself as a witness and shall be examined and may be cross-examined and re-examined like any other witness.

Provided that the parties shall be at liberty to verify the respective cases in whole or in part by affidavit, but so that the deponent in every such affidavit shall, on the application of the opposite party or by direction of the Court, be subject to be cross-examined by or on behalf of the opposite parry, orally and after such cross-examination may be re-examined by or on behalf of the party by whom such affidavit was filed.

16. Costs.—Whenever in any petition any alleged adulterer or adulteress 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 such proceeding:

Provided that the co-respondent shall not be ordered to pay the petitioner’s costs

(i)   if the respondent was at the time of the adultery living apart from the husband and leading the life of a prostitute.

(ii)   if the co-respondent had not at the time of adultery reason to believe the respondent to be a married person.

17. Application for alimony and maintenance.—(a) Every application for any of the reliefs mentioned in Sections 24, 25(1) and 26 of the Act shall be supported by an affidavit stating the average monthly incomes of the petitioner and the respondent, the sources of the incomes, particulars of other movable and immovable property owned by them and the names and ages of the persons dependent on the petitioner and the respondent.

(b) Every application for either of the reliefs mentioned in sub-sections (2) and (3) of Section 25 of the Act shall be accompanied by a certified copy of the order passed under sub-section (1) and supported by an affidavit. It may be disposed of by the Court in its discretion on affidavits after giving an opportunity to the party affected to be heard.

18. Taxation of costs.—Unless otherwise directed by the Court the costs in petition under the Act shall be taxed as if the proceedings were a suit.

19. Order as to costs.—The award of costs shall be within the discretion of the Court.

20. Transmission of certified copy of the decree.—The Court shall send a certified copy of every decree for divorce, or nullity of marriage or dissolution of marriage to the Registrar of Marriages in charge of the Hindu Marriages Register, if any.