(a) if the respondent was, at the time of the adultery, living apart from her husband and leading the life of a prostitute; or
(b) if the co-respondent had not, at the time of the adultery, reason to believe the respondent to be a married woman.
(3) The Court may assess damages and make an order for payment thereof or of costs notwithstanding that the respondent or the co-respondent or both of them have remained ex parte.
10. Application for maintenance pendente lite and for permanent alimony and maintenance.—(a) Every application for maintenance pendente lite, permanent alimony and maintenance, or for custody, maintenance and education expenses of minor children, shall state the average monthly incomes of the petitioner and the respondent, the sources of these incomes, particulars of other movable and immovable property owned by them, the number of dependants on the petitioner and the respondent and the names and ages of such dependants.
(b) Such application shall be supported by an affidavit of the applicant.
11. 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, an 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 prescribed court-fee 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 the basis of which leave is sought.
(3) The evidence in such an 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 within a week of the date of the said order shall file sufficient number of copies of application for leave and order of the Court thereon and of the petition for divorce for service upon the respondents in the petition.
12. Service of copy of application for and order granting leave on the respondents and procedure after Service.- (1) When the Court grants leave under the proceeding rule, a copy of the application for leave and order granting leave shall be served on each of the respondents along with the notice of the petition for divorce.
(2) (a) When 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 to be contested.
(b) The Court may, if it so deems fit, frame, try and decide the issue as to the propriety of the leave granted as a preliminary issue.
(c) The Court may at the instance of either party, order the attendance for examination or cross-examination of any deponent in the application for leave under the preceding rule.
13. When a petition is admitted, the chief ministerial officer of the Court assigns a distinctive number to the petition and all subsequent proceedings on the petition shall bear that number.
14. Along with the petition the petitioner shall furnish a copy thereof for service on the respondent and if a co-respondent has been impleaded, an additional copy for service on him, together with the fee prescribed under the Andhra Court Fees and Suits Valuation Act, 1956, for service of notices.
15. (1) Notice of the petition shall be in Form No. II for settlement of issues and shall require the respondent and the co-respondent, if one is named in the petition, to enter appearance in person or by pleader and file a written statement not less than seven days before the day appointed therein.
(2) The notice together with a copy of the petition shall be served on the respondent and the co-respondent, if named in the manner prescribed for service of summonses in suits not less than 21 days before the day appointed therein.
16. 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 in charge of the Hindu Marriage Register, if any.
17. (1) Appeals to the High Court from the decree and orders of the District Court shall be posted before a Bench of two Judges.
(2) Such appeals shall be governed by the rules of the High Court, Appellate Side, as far as they may be applicable.
(3) In every such appeal notice shall be issued to the co-respondent, if any.
FORM NO. I
IN THE COURT OF THE DISTRICT JUDGE
In the City Civil Court, Hyderabad
Original Petition No……of 20…….
In the matter of the Hindu Marriage Act, 1955
A.B……Petitioner
CD……..Respondent
Petition under Section …….of the Hindu Marriage Act, 1955 and
Rule……..of the Rules under the Hindu Marriage Act.
FORM NO.II
[Rule 15]
IN THE COURT OF THE DISTRICT JUDGE In the City Civil Court, Hyderabad
Original Petition No………of 20……..
In the matter of the Hindu Marriage Act,1955
A.B . …………..Petitioner
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 10.45 a.m.
in the forenoon 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 intend to rely in support of your defence. You are required to file a written statement in Court on or before the……….day of………20…………
Given under my hand and the seal of this Court on the……….day of.
20………..
District Judge
Chief Judge Note.—
(1) A copy of the petition accompanies this notice.
(2) This notice should be served not less than 21 days before the day fixed above for settlement of issues.
(3) Should you apprehended that your witnesses will not attend of their own accord, you can have summons issued from this Court to compel the attendance of any witness and the production of any document that you have a right to call on the witness to produce on applying to the Court and on depositing the necessary expenses.
This notice has been taken out by Shri…………Advocate/Pleader for the
petitioner.
