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

12. MADRAS HIGH COURT RULES UNDER THE HINDU MARRIAGE ACT

1. Forms of proceedings.—The following proceedings under the Act shall be initiated by original petitions :

(1)          under Section 9, for restitution of conjugal rights;

(2)          under Section 10(1), for judicial separation;

(3)               under Section 10(2), for rescinding a decree for judicial separation;

(4)          under Section 11, for declaring a marriage null and void;

(5)   under Section 12, for annulment of a marriage by a decree of nullity;

(6)   under Section 13, for divorce;

(7)   under Section 26, to make orders and provisions with respect to
        the custody, maintenance and education of children.

2. Every other proceeding subsequent to the petition shall be by an interlocutory application.

3. Every petition, application, affidavit, decree or order under the Act, shall be headed by a Cause Title in Form No. 1 and shall set forth the provision of the Act under which it is made. 

4. Contents of petition.—(a) Every petition shall state

(i)   the place and the date of marriage, the names of the parties and their occupation, the place and address where the parties reside together within the jurisdiction of the Court;

(ii)   the names of the children, if any, of the marriage together with their dates of birth or ages;

(iii)   if prior to the date of the petition there has been any proceeding under the Act between the parties to the petition, the full particulars thereof;

(iv)   if the petition is for restitution of conjugal rights, the date on or from which and the circumstances under which the respondent ”        withdrew from the society of the petitioner;

(v)   if the petition is for judicial separation or divorce the matrimonial offence alleged or order grounds upon which the relief is sought together with particulars thereof so far as such particulars are known to the petitioner, e.g.:

(1)                                 in the case of desertion, the date and the circumstances under which it began

(2)                 in the case of Cruelty or sexual intercourse with any person other than his or her spouse, the specific acts of cruelty or         

sexual intercourse and the occasion when and the places where such acts were committed together with the name and address of the person or persons with whom respondent had sexual intercourse;

(3)   in the case of virulent form of leprosy or venereal disease in a communicable form, when such ailment began to manifest itself, the nature and the period of the curative steps taken together with the name and address of the person who treated for such ailment and in the case of venereal, disease that it was not contracted from the petitioner;

(4)   in the case of unsoundness of mind, the time when such unsoundness began to manifest itself, the nature and period of any curative steps taken together with the name and address of the person who was treated for such unsoundness of mind.

(vi)   if the petition is for divorce or judicial separation, the matrimonial offence alleged or other grounds upon which the relief is sought, together with the full particulars thereof so far as such particulars are known to the petitioner, e.g.:

(1)   in the case of adultery, the specific acts of adultery and the occasion when and places where such acts were committed, together with the name and address of the person with whom such adultery was committed;

(2)   in the case of incurable unsoundness of mind, the time when such unsoundness began to manifest itself, the nature and period of any curative steps taken, together with the name and address of the person who was treated for such unsoundness of mind;

(3)   in the case of virulent and incurable form of leprosy or venereal disease in a communicable form, when such ailment began to manifest itself, the nature and the period of any curative steps taken, together with the name and address of the person who treated for such ailment;

                  (4)   in the case of presumption of death, the last place where the parties lived together and the date when and the place         where the respondent was last seen or heard of as alive and the steps, if any, taken to ascertain his or her whereabouts;

(vii)   if the petition is for a decree of nullity of marriage on the ground specified in clause (e) or clause (d) of Section 12 of the Act, the time when the facts relied on were discovered and whether or not marital intercourse with the consent of the petitioner took place after the discovery of the said facts.                                

(b) The petition shall set out at the end of the relief or reliefs sought, including any claim for—

(i) custody, care and maintenance of children;

(ii) permanent alimony and maintenance;

(iii)   costs.

Where a claim is made under clause (ii) above, the petition shall specify the annual or capital value of the respondent’s property, the amount of his or her annual earnings and other particulars relating to his or her financial resources and the particulars relating to the petitioner’s income and other property. 

5. Contents of written statement.—Every written statement in answer to a petition for restitution of conjugal rights shall set about the particulars as far as may be set out in clauses (v), (vi) and foil) of sub-rule (a) of Rule 4.

6. An application under the proviso to Section 14 of the Act for leave to present a petition for a divorce before one year have passed from the date of the marriage, shall be supported by an affidavit setting forth the circumstances relied on an constituting exceptional hardship to the petitioner or exceptional depravity on the part of the respondent. 

7. When a petition is admitted, the chief ministerial officer of the Court shall assign a distinctive number to the petition and all subsequent proceedings on the petition shall bear the number.

8. 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 Madras Court fees and Suits Valuation Act, 1956, for service of notices.

9. (i) Notice of the petition shall be in Form No. n 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 fixed in the notice.

(ii) 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 twenty-one days before the day appointed therein.

10. Appeals in the High Court from the decrees and orders of the District Court shall be governed by the Rules of High Court, Madras Appellate Side, as far as they may be applicable.

FORM NO. I

[See Rule 3]

In the Court of the District Judge/In the City Civil Court, Madras Original Petition

No…………………….of…………….20………

In the matter of the Hindu Marriage Act, 1955

 A.B. ………………………………………………………………..Petitioner

Versus

C.D. ………………………………………………………………..Respondent

Petition under Section …………………………..of the Hindu Marriage Act,

1955 and Rule……………………….. of the rules under the Hindu Marriage Act.

FORM NO. II

[See Rule 9]

In the Court of the District Judge/In the City Civil Court, Madras Original

Petition No…………………….of…………,.,.20…………

In the matter of the Hindu Marriage Act, ,1955

A.B. …………………………………………………..’………”../.’.Petitioner

Versus

C.D. …………………………………………………………………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 above 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 are send by your Pleader all documents which the petitioner desires to inspect and any documents 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, this ………………….. day

of …………………. 20……

District Judge/Principal Judge

Notes :   (1) A copy erf the petition accompanies this notice.

(2)   This notice should be served not less than twenty-one days before the day fixed above for settlement of issues.

(3)  Should you apprehend that your witnesses will not attend of their own accord, you can have summons issued from the 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.