(i)
These rules may be called the Hindu Marriage
and Divorce Rules, 1956. (ii)
These rules shall come into force with
immediate effect: Provided that nothing contained in
these rules will affect the validity of any pending proceeding under the Act
but the petitions already filed under the Act shall be made consistent with
these rules by necessary amendment or remedy of the defect within a time fixed
by the Court. (i)
'Act' means the Hindu Marriage Act, 1955 (Act
25 of the 1955). (ii)
'Code' means the Code of Civil Procedure,
1908; (iii)
'Court' means the Court mentioned in Section
3(b) of the Act. (a)
Every proceeding under the Act shall be
registered as a suit; (b)
Every petition for divorce on any of the
grounds mentioned in Clause (1) and (ii) of the Sub-section (1-A) of Section 13
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. Such a
petition by the wife under Clause (iii) of Sub-section (2) of Section 13 of the
Act shall be accompanied by a certified copy of the decree passed under Section
18 of the Hindu Adoption and Maintenance Act, 1956 or order under Section 125
of the Code of Criminal Procedure 1973 as the case may be. (1)
In addition to the particulars required to be
given under Order 7, Rule 1 of the Code of Civil Procedure and Section 20 of the
Act every edition 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 marriage; (c)
The principal permanent address where the
parties cohabited including the address where they last resided together. (d)
Whether he is living any issue of the
marriage 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 tha 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 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 women, so far as they can be
ascertained; (e)
Whether there have been in any Court in India
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 or reliefs prayed for; (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; (iii)
That the respondent being the wife is leading
the life of a prostitute and that the petitioner knows of no person with whom
adultery has been committed; (iv)
For any other sufficient reason the Court may
deem fit to consider. (b)
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. (c)
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. (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 filed. (2)
The application shall be supported by an
affidavit made by the petitioner setting out the particulars of exceptional
hardships 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
petition 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. (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 so deems fit,
frame, try and decide the issue as to the propriety of and 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. 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 Civil Procedure Code. The respondents may and if so required
by he Court shall present at written statement in answer to the petition. The
provisions of Order VIII of the Code shall apply mutatis mutandis to such
written statements. In particulars if in any proceeding 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. (1)
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 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 therein specified to apply for leave to intervene in the case. (2)
Costs regarding intervention:- (a)
Whenever the Court finds that an intervenor
had no sufficient grounds for intervening, 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 intervention 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. A person to whom leave to intervene
has been granted may file in the Court an answer to written statement
containing the charges or allegations against such intervenor. The witnesses in all proceedings
before the Court, where their attendance can be had, shall be examined orally,
and any 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
the deponent of 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-party orally, and after such cross-examination, may be
re-examined orally as aforesaid by or on behalf of the party by whom such
affidavit was filed. (a)
Every application for maintenance pendence
lite permanent alimony and maintenance or for custody, maintenance and
educational expenses of minor children, shall state the average monthly income
of the petitioner and the respondent, the sources of these income, particulars
of other movable and immovable property owned by them, the number of dependents
on the petitioner and the respondent, and the names and age of such dependents. (b)
Such application shall be supported by an
affidavit of the applicant. Unless otherwise directed by the
Court, the costs of the petition under the Act shall be costs as taxed in a
suit. The award of costs shall be within the
discretion of the Court.THE HINDU MARRIAGE AND
DIVORCE RULES, 1956.