...Continued
(Act No. 25 of 1955)
[18th May, 1955]
Jurisdiction and Procedure
19. Court to which petition shall be presented
– Every petition under this Act shall be presented
to the district court within the local limits of whose
ordinary original civil jurisdiction –
(i) the marriage was solemnized, or
(ii) the respondent, at the time of the presentation
of the petition, resides or
(iii) the parties to the marriage last resided together,
or
(iv) the petitioner is residing at the time of the
presentation of the petition, in a case where the
respondent is, at that time, residing outside the
territories to which this Act extends, or has not
been heard of as being alive for a period of seven
years or more by those persons who would naturally
have heard of him if he were alive.
20. Contents and verification of petitions –
(1) Every petition presented under this Act shall
state as distinctly as the nature of the case permits
the facts on which the claim to relief is founded
and, except in a petition under section 11, shall
also state that there is no collusion between the
petitioner and the other party to the marriage.
(2) The statements contained in every petition under
this Act shall be verified by the petitioner or some
other competent person in the manner required by law
for the verification of plaints, and may, at the hearing,
be referred to as evidence.
21. Application of Act 5 of 1908 – Subject
to the other provisions contained in this Act and
to such rules as the High Court may make in this behalf,
all proceedings under this Act shall be regulated,
as far as may be, by the Code of Civil procedure,
1908.
21A. Power to transfer petitions in certain cases
– (1) Where -
(a) a petition under this Act has been presented to
a district court having jurisdiction by a party to
a marriage praying for a decree for judicial separation
under section 10 or for a decree of divorce under
section 13, and
(b) another petition under this Act has been presented
thereafter by the other party of the marriage praying
for a decree for judicial separation under section
10 or for a decree of divorce under section 13 on
any ground, whether in the same district court or
in a different district court, in the same State or
in a different State.
the petitions shall be dealt with as specified in
sub-section (2).
(2) In a case where sub-section (1) applies,-
(a) if the petitions are presented to the same district
court, both the petitions shall be tried and heard
together by that district court;
(b) if the petitions are presented to different district
courts, the petition presented later shall be transferred
to the district court in which the earlier petition
was presented and both the petitions shall be heard
and disposed of together by the district court in
which the earlier petition was presented.
(3) In a case where clause (b) of sub-section (2)
applies, the court or the Government, as the case
may be, competent under the Code of Civil Procedure,
1908 (5 of 1908) to transfer any suit or proceeding
from the district court in which the later petition
has been presented to the district court in which
the earlier petition is pending, shall exercise its
powers to transfer such later petition as if it had
been empowered so to do under the said Code.
21B. Special provision relating to trial and disposal
of petitions under the Act -
(1) The trial of a petition under this Act shall,
so far as is practicable consistently with the interests
of justice in respect of the trial, be continued from
day to day until its conclusion unless the court finds
the adjournment of the trial beyond the following
day to be necessary for reasons to be recorded.
(2) Every petition under this Act shall be tried as
expeditiously as possible and endeavour shall be made
to conclude the trial within six months from the date
of service of notice of the petition on the respondent.
(3) Every appeal under this Act shall be heard as
expeditiously as possible and endeavour shall be made
to conclude the hearing within three months from the
date of service of notice of appeal on the respondent.
21C. Documentary evidence - Notwithstanding anything
in any enactment to the contrary, no document shall
be inadmissible in evidence in any proceeding at the
trial of a petition under this Act on the ground that
it is not duly stamped or registered.
22. Proceeding to be in camera and may not be printed
or published - (1) Every proceeding under this Act
shall be conducted in camera and it shall not be lawful
for any person to print or publish any matter in relation
to any such proceeding except a judgement of the High
Court or of the Supreme Court printed or published
with the previous permission of the Court.
(2) If any person prints or publishes any matter in
contravention of the provisions contained in subsection
(1), he shall be punishable with fine which may extend
to one thousand rupees.
23. Decree in proceedings - (1) In any proceeding
under this Act, whether defended or not, if the court
is satisfied that -
(a) any of the grounds for granting relief exists
and the petitioner except in cases where the relief
is sought by him on the ground specified in sub-clause
(a), sub-clause (b) or sub-clause (c) of clause (ii)
of section 5 is not in any way taking advantage of
his or her own wrong or disability for the purpose
of such relief, and
(b) where the ground of the petition is the ground
specified in clause (i) of sub-section (1) of section
13, the petitioner has not in any manner been accessory
to or connived at or condoned the act or acts complained
of, or where the ground of the petition is cruelty
the petitioner has not in any manner condoned the
cruelty, and
(bb) when a divorce is sought on the ground of mutual
consent, such consent has not been obtained by force,
fraud or undue influence, and
(c) the petition (not being a petition presented under
section 11) is not presented or prosecuted in collusion
with the respondent, and
(d) there has not been any unnecessary or improper
delay in instituting the proceeding, and
(e) there is no other legal ground why relief should
not be granted, then, and in such a case, but not
otherwise, the court shall decree such relief accordingly.
(2) Before proceeding to grant any relief under this
Act, it shall be the duty of the court in the first
instance, in every case where it is possible so to
do consistently with the nature and circumstances
of the case, to make every endeavour to bring about
a reconciliation between the parties:
Provided that nothing contained in this sub-section
shall apply to any proceeding wherein relief is sought
on any of the grounds specified in clause (ii),clause
(iii), clause (iv), clause (v), clause (vi) or clause
(vii) of sub-section (1) of section 13.
(3) For the purpose of aiding the court in bringing
about such reconciliation, the court may, if the parties
so desire or if the court thinks it just and proper
so to do, adjourn the proceedings for a reasonable
period not exceeding fifteen days and refer the matter
to any person named by the parties in this behalf
or to any person nominated by the court if the parties
fail to name any person, with directions to report
to the court as to whether reconciliation can be and
has been, effected and the court shall in disposing
of the proceeding have due regard to the report.
(4) In every case where a marriage is dissolved by
a decree of divorce, the court passing the decree
shall give a copy thereof free of cost to each of
the parties.
23A. Relief for respondent in divorce and other proceedings–
In any proceeding for divorce or judicial separation
or restitution of conjugal rights, the respondent
may not only oppose the relief sought on the ground
of petitioner’s adultery, cruelty or desertion,
but also make a counter-claim for any relief under
this Act on that ground and if the petitioner’s
adultery, cruelty or desertion is proved the court
may give to the respondent any relief under this Act
to which he or she would have been entitled if he
or she had presented a petition seeking such relief
on that ground.
24. Maintenance pendente lite and expenses of proceedings
- Where in any proceeding under this Act it appears
to the court that either the wife or the husband,
as the case may be, has no independent income sufficient
for her or his support and the necessary expenses
of the proceeding, it may, on the application of the
wife or the husband, order the respondent to pay to
the petitioner the expenses of the proceeding, and
monthly during the proceeding such sum as, having
regard to the petitioner’s own income of the
respondent, it may seem to the court to be reasonable.
25. Permanent alimony and maintenance - (1) Any
court exercising jurisdiction under this Act may,
at the time of passing any decree or at any time subsequent
thereto, on application made to it for the purpose
by either the wife or the husband, as the case may
be, order that the respondent shall pay to the applicant
for her or his maintenance and support such gross
sum or such monthly or periodical sum for a term not
exceeding the life of the applicant as, having regard
to the respondent’s own income and other property,
if any, the income and other property of the applicant
the conduct of the parties and other circumstances
of the case, it may seem to the court to be just,
and any such payment may be secured, if necessary,
by a charge on the immovable property of the respondent.
(2) If the court is satisfied that there is a change
in the circumstances of either party at any time after
it has made an order under sub-section (1), it may
at the instance of either party vary, modify or rescind
any such order in such manner as the court may deem
just.
(3) If the court is satisfied that the party in whose
favour an order has been made under this section has
re-married or, if such party is the wife, that she
has not remained chaste, or, if such party is the
husband, that he has had sexual intercourse with any
women outside wedlock, it may at the instance of the
other party vary, modify or rescind any such order
in such manner as the court may deem just.
26. Custody of children – In any proceeding
under this Act, the court may, from time to time,
pass such interim orders and make such provisions
in the decree as it may deem just and proper with
respect to the custody, maintenance and education
of minor children, consistently with their wishes,
wherever possible, and may, after the decree, upon
application by petition for the purpose, make from
time to time, all such orders and provisions with
respect to the custody, maintenance and education
of such children as might have been made by such decree
or interim orders in case the proceeding for obtaining
such decree were still pending, and the court may
also from time to time revoke, suspend or vary any
such orders and provisions previously made.
27. Disposal of property – In any proceeding
under this Act, the court may make such provisions
in the decree as it deems just and proper with respect
to any property presented, at or about the time of
marriage, which may belong jointly to both the husband
and the wife.
28. Appeals from decrees and orders - (1) All decrees
made by the court in any proceeding under this Act
shall, subject to the provisions of sub-section (3),
be appealable as decrees of the court made in the
exercise of its original civil jurisdiction, and every
such appeal shall lie to the court to which appeals
ordinarily lie from the decisions of the court given
in the exercise of its original civil jurisdiction.
(2) Orders made by the court in any proceeding under
this Act under section 25 or section 26 shall, subject
to the provisions of sub-section (3), be appealable
if they are not interim orders, and every such appeal
shall lie to the court to which appeals ordinarily
lie from the decisions of the court given in exercise
of its original civil jurisdiction.
(3) There shall be no appeal under this section on
the subject of costs only.
(4) Every appeal under this section shall be preferred
within a period of thirty days, from the date of the
decree or order.
28A. Enforcement of decrees and orders - All decrees
and orders made by the court in any proceeding under
this Act shall be enforced in the like manner as the
decrees and orders of the court made in the exercise
of its original civil jurisdiction for the time being
are enforced.
Savings and Repeals
29. Savings - (1) A marriage solemnized between
Hindus before the commencement of this Act, which
is otherwise valid, shall not be deemed to be invalid
or ever to have been invalid by reason only of the
fact that the parties thereto belonged to the same
gotra or pravara or belonged to different religions,
castes or sub-divisions of the same caste.
(2) Nothing contained in this Act shall be deemed
to affect any right recognised by custom or conferred
by any special enactment to obtain the dissolution
of a Hindu marriage, whether solemnized before or
after the commencement of this Act.
(3) Nothing contained in this Act shall affect any
proceeding under any law for the time being in force
for declaring any marriage to be null and void or
for annulling or dissolving any marriage or for judicial
separation pending at the commencement of this Act,
and any such proceeding may be continued and determined
as if this Act had not been passed.
(4) Nothing contained in this Act shall be deemed
to affect the provisions contained in the Special
Marriage Act, 1954 (43 of 1954) with respect to marriages
between Hindus solemnized under that Act, whether
before or after the commencement of this Act.
30. Repeals - Repealed by the Repealing and Amending
Act, 1960 (58 of 1960), s.2 and First Schedule.
Sections --» 1
to 10 Sections --»11
to 18
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