7. GAUHATI HIGH COURT HINDU MARRIAGE AND DIVORCE RULES, 19551
1. Short title.—These rules may be called the Hindu Marriage and Divorce Rules, 1955.
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. (i) Every petition under the Act shall be accompanied by certified extract from Hindu Marriage Register maintained under Section 8 of the Act.
(ii) Every petition for divorce on any of the grounds mentioned in clauses (i) and (ii) of Section 13 (1A) 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
4. Contents of petition.—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 wife and husband before and after the marriage;
(c) the principal permanent address where the parties lived, including the address where they last resided together;
(d) whether there is living any issue of the marriage and, if so, the names and dates of birth or ages of such issues—
(i) in every petition presented by a husband for divorce on the ground that his wife is living in adultery with any perspn or persons or for judicial separation on the ground that his wife has committed adultery with any person or persons, the petitioner shall state the name, occupation and place of residence of such person or persons so far as they can be ascertained;
(ii) in every petition presented by a wife for divorce on the ground that her husband is living in adultery with any woman or women, or for judicial separation on the ground that her husband has committed adultery with any woman or women, the petitioner shall state the name, occupation and place- of residence of such woman or women, so far as they can be ascertained;
- Vide No. H.C. XI-3/53/1429-R.C
(e) whether there has 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;
(f) the matrimonial offence or offences charged set out in separate paragraphs with the time and place of its or their alleged commission;
(g) property mentioned in Section 27 of the Act, if any, (h) the relief of reliefs prayed for.
5. Necessary parties.—(a) In every petition for divorce or judicial separation on the ground that the respondent is living in adultery or has committed adultery with any person the petitioner shall make such person a co-respondent. The petitioner may, however, apply to the Court by an application supported by an affidavit for leave to dispense with the joinder of such person as a co-respondent 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;
(in) that the respondent being the wife is leading a life of a prostitute and that the petitioner knows of no person with whom adultery has been committed;
(iv) .for any other sufficient reason that the Court may deem fit to consider.
(b) In every petition under Section 13 (2) (i) 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.
6. Verification of petition.—Statements contained in every petition shall be verified by the petitioner or some other competent person in a manner required by the Code.
7. Forms of petition.—The petitions made under the Act shall, so far as possible, be made in the forms prescribed in the Schedule to the [India] Divorce Act, 1869 (4 of 1869).
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 three years 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 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 hardships of the petitioner or exceptional depravity on the part of the respondent on which leave is sought.
V (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 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.
9. 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 preceding 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 sought to be contested.
(b) The Court may, if it deems fit, frame, try and decide the issue as to the propriety of 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.
10. Notice.—The Court shall issue notice to the respondent and correspondent, if any. The notice shall be accompanied by a copy of the petition. The notice shall Require, unless the Court otherwise directs, the respondent or the co-respondent to file his or her statement in Court within a period of four weeks for 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 upon the party affected thereby in the manner provided for service of summons under Order V of the Code.
Provided that the Court may dispense with such services altogether if it seems necessary or expedient so to do.
12. Written statements in answers to petition by respondents.—The
provisions of Order VIII of the Code shall apply mutatis mutandis to the written statement, if any, presented by the respondent in answer to the petition. In particular, if 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 petition.—(1) 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 allegation shall be served on such man or woman accompanied by a notice that such person is entitled within the time specified in the notice to apply for leave to intervene in the cause unless the Court for good cause shown otherwise directs.
(2) (a) Cost regarding intervention.—Whenever the Court finds .that an intervenor had no sufficient grounds to intervene, it may order the intervenor to pay the whole or any part of the costs occasioned by the application to intervene.
(b) When the Court finds that the charge or allegation of adultery against the intervenor made in any petition or written statement is baseless or not proved and that the intevention is justified, it may order the person making such charge or allegation against the intervenor to pay to the intervenor the whole or any part of the costs of intervention.
14. Answer.—A person to whom leave to intervene has been granted may file in Court an answer to written statement containing the charges of allegations against such intervenor.
15. Mode of taking evidence.—Any party may offer himself as a witness, and shall be examined and may be cross-examined like any other witness in all proceedings before the Court, and where their attendance can be had, shall be examined orally.
Provided that the parties shall be at liberty to verify the respective cases in whole or in part by affidavit but 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 orally, by or on behalf of the opposite party by whom such affidavit was filed and after such cross-examination may be re-examined orally as aforesaid.
16. Costs.—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 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 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 the respondent to be a married person.
17. Applications for alimmony 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..
18. Taxation of costs.—Unless otherwise directed by the Court, the costs of the petition under the Act shall be costs as taxes in 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 or dissolution of marriage to the Court of Marriages in charge of the Hindu Marriage Register.
21. Appeals.—(1) All decrees and orders made by the Court in any proceeding under this Act may be appealed from under any law for the time being in force.
(2) Appeals to the High Court shall be governed by the rules of the High Court as far as they may be applicable.
(3) In very such appeal, notice shall be issued to the parties interested.
