THE SPECIAL MARRIAGE ACT RULES, 1954

Rule - 1. Short title and commencement.

(a)      These rules may be called the Special Marriage Act Rules, 1954.

(b)      The rules shall come into force at once :

Provided that nothing contained in the rules will affect the validity of any pending Proceeding but the petitions already filed under the act shall be made consistent with the rules by necessary amendment or remedy of the defects within a time fixed by the Court.

Rule - 2. Definitions.

(a)      'Act' means the Special Marriage Act, 1954 (Act XLIII of 1954).

(b)      'Code' means the Code of Civil Procedure, 1908;

(c)      'Court' means the District Court.

Rule - 3. Petition.

Every petition made under the 'Act', not being a petition under Section 23(2) for a decree for judicial separation or a petition under Section 38 of the Act for revocation or suspension or variation of interim orders or provisions in the decree passed by the Court, shall be accompanied by a certified copy of the Certificate from the Marriage Certificate Book about the solemnisation of the marriage under the Act.

Rule - 4. Contents of Petitions.

In addition to the particulars required to be given under Order VII, Rule I of the Code of Civil Procedure, and other provisions 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 the wife and husband before the marriage:

(c)      The principal permanent address where the parties cohabited including the address where they last resided together;

(d)      Whether there is any living 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 or 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 or 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;

(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 charged set out in separate paragraphs with the time and places of their alleged commission;

(g)      The claims for damages, if any, with particulars:

(h)     If the petition is one for a decree of dissolution of marriage or of nullity or annulment of marriage or for judicial separation, it shall further state that there is no collusion or connivance between the petitioner and the other party, to the marriage or alleged marriage.

(i)       The reliefs sought for;

Rule - 5.

Without prejudice to and in addition to the general applicability of Rule 4 aforesaid, every petition for divorce or judicial separation, or declaration of the nullity of a marriage, as the case may be shall respectively include the following matters to the extent of their applicability of the specific provisions mentioned therein:-

(i)       Every petition for judicial separation under Section 23(i) (b) of the Act, shall be accompanied by a certified copy of the relevant decree for restitution of conjugal rights.

(ii)      Every petition for a declaration of the nullity of a marriage under Clause (ii) of Section 25 of the Act shall state whether the petitioner was at the time of the marriage ignorant of the facts stated and whether marital intercourse with the consent of the petitioner has or has not takes place since the discovery by the petitioner of the existence of the ground for a decree;

(iii)     Every petition for a declaration of the nullity of a marriage under Clause (iii) of Section 25 of the Act shall state the date when the coercion ceased, or the fraud was discovered, and whether the petitioner has with his or her free consent lived with the other party to the marriage as husband and wife after the coercion had ceased or the fraud had been discovered;

(iv)    Every petition for divorce r judicial separation or declaration of nullity of a marriage shall conclude with a prayer setting out particulars of the relief claimed, including, in the case of a petition for divorce, the amount of claim for damages, if any, and the particulars thereof, indicating the basis upon which damages have been claimed. The prayer may include a claim for one or more of the following relief :-

(i)       custody of the children of the marriage;

(ii)      alimony pending suit;

(iii)     maintenance and educational expenses of minor children.

(v)      Where the ground of the petition is adultery, that the petitioner has not in any manner condoned the said connived at or condoned the adultery;

(vi)    Where the ground of the petition is cruelty, that the petitioner has not in any manner condoned the said cruelty;

(vii)   If the petition is on ground (h) of Section 27 of the Act, the date and the place where the respondent was last seen or heard of, and the steps which have been taken to trace the respondent;

(viii)  Every petition for divorce under Clause (i) or Clause (ii) of Subsection (2) of Section 27 of the Act shall be accompanied by a certified copy of the decree for judicial separation or of the decree for restitution of conjugal rights, as the case may be. Any such petition by the wife under Clause (ii) of Sub-section (1-A) of S.27 shall be accompanied by a certified copy of the decree pass 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;

(ix)    Where the petition is on the ground of mutual consent, the date and the place where the parties last lived together, the addresses where each party has since lived, with the period of residence at each address, the reasons why the parties have not been able to live together, the date when the mutual agreement was arrived at and whether such agreement is verbal or evidenced by a document in writing.

Rule - 6. Co-respondent in husband's petition.

in any petition presented by a husband for divorce or indicial separation on the ground that his wife has, since the solemnisation of the marriage, been guilty of adultery, the petitioner shall make the alleged adultery a co-respondent to the said petition, unless he is excused from so doing by an order of the Court which may be made on any one or more of the following grounds, which shall be supported by an affidavit in respect of the relevant facts-

(i)       That the respondent is leading the life of a prostitute and that the petitioner knows of no person with whom the adultery has been committed;

(ii)      That the name of the alleged adulterer is unknown to the petitioner, although he has made due efforts for discovery;

(iii)     That the alleged adulterer is dead;

(iv)    For any other sufficient reason that the Court may deem fit to consider.

Rule - 7. Verification of petition.

Statements contained in every petition shall be verified by the petitioner or some other competent person in a member required by the Code of Civil Procedure for time being in force for the verification of plaints.

Rule - 8. Forms of petitions.

The petitions made under the Act, shall so far as possible be made in the forms prescribed in the schedule to the Indian Divorce Act, 1869 (IV of 1869).

Rule - 9. Petitions on behalf of Lunatics.

When a husband or a wife is a lunatic. or an idiot, any petition under the Act, other than the petition for restitution of conjugal rights, may be brought, on his or behalf, by the person entitled to his or her custody.

Rule - 10. Petitions of minors.

(1)     Where the petitioner is minor, he or she shall sue by his or her next friend to be approved by the Court and no petition presented by a minor under the Act shall be filed until the next friend has undertaken in writing to be answerable for costs.

Such undertaking shall be filed in Court, and the next friend shall thereupon be liable in the same manner and to the same extent as if he were a plaintiff in an ordinary suit.

(2)     The next friend shall file an affidavit along with the petition which shall state the age of the minor, that the next friend has no adverse interest to that of the minor and that the next friend is otherwise a fit and proper person to act as such.

(3)     The Court may, on considering the affidavit and such other materials as it may require, record its approval to the representation of the minor by the next friend or pass such other orders as it may deem fit.

Rule - 11. Notice.

The Court shall issue notice to the respondent, and co-respondent, if any. The notice shall be accompanied, unless otherwise directed by the Court, by a copy of the petition. The notice shall also require, unless the Court otherwise directs, the respondent or co-respondent to file his or her statement in Court within a period of four weeks from the service of the notice and to serve a copy thereof upon each of the other parties to the petition, within the aforesaid period.

Rule - 12. Service of Petitions.

Every petition and notice under the Act shall be served on the party affected thereby in a manner provided for service of summons under Order V of the Code:

Provided that the Court may dispense with such service in case it seems necessary or expedient so to do and substitute it by any other mode of service of notice as it thinks necessary.

Rule - 13. Written statements In answers to petitions by Respondents.

The Respondent may and, if so required by the Court, shall present a written statement in answer to the Petition. The provisions of Order VIII of the Code shall apply mutatis mutandis to such written statements. In particular, if in 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 as required in the case of petition under Clauses (d) and (f) of Rule 4 and the particulars of any relief which he claims on the said grounds.

Rule - 14. Interveners in wife's petition.

(1)     Unless the Court for good cause shown otherwise directs:-

(a)      Where the husband is charged with adultery with a named female person a copy of pleading or material portion thereof containing such charge shall be served upon the person with whom adultery is alleged to have been committed, accompanied by a notice that such person is entitled within the time therein specified to apply for leave to intervene in the cause.

(b)      Where the written statement of the Respondent alleges adultery by the petitioner with named man or woman as the case may be 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 cause.

(2)     Cost regarding Intervention:-

(a)      Whenever the Court finds that an intervener has no sufficient grounds for intervening it may order the intervener to pay the whole or any part of the costs caused by such intervention.

(b)      Whenever the Court finds that the charge or allegation of adultery against the intervenor made in any petition 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.

Rule - 15. Answer.

A person to whom leave to intervene has been granted may file in the Court an answer to the petition containing the charges or allegations against such intervenor.

Rule - 16. Intervention by 3rd party.

During the progress of the petition under Chapter V or VI of the Act, any person suspecting that any parties to the petition are or have been acting in collusion, or the petitioner has committed fraud or he has concealed some material facts from the Court for the purpose of obtaining the decree prayed for, shall be at liberty to apply to the Court stating the circumstances and facts of such collusion, fraud and concealment, as the case may be. The application shall be supported by an affidavit. When such application is filed, the Court shall give notice thereof to the parties concerned and after hearing them and taking necessary evidence pass the necessary orders-

(i)       If the Court comes to the conclusion, that such collusion, fraud or concealment of material fact is proved, then the original petition shall be dismissed, and the intervening third party shall be awarded his cost from the parties, guilty of such collusion, fraud or concealment of facts.

(ii)      Whenever such application is made and the Court comes to the ' conclusion that the intervening third party had no grounds or no sufficient grounds for intervening, it may order him to pay the whole or any part of the costs occasioned by his intervention.

Rule - 17.

Competence of husband and wife to give evidence as to cruelty or desertion or judicial separation on any petition presented by a wife praying for divorce of judicial separation by reason of her husband having been guilty of adultery coupled with cruelty, or of adultery coupled with desertion without reasonable excuse the husband and wife respectively shall be competent and compellable to give evidence of or relating to such cruelty or desertion.

Rule - 18. Mode of taking evidence.

The witness in all proceedings before the Court where their attendance can be had shall be examined orally and 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 parties shall be at liberty to verify the respective cases in whole or in part by affidavit but the deponent every such affidavit shall on the petition of the opposite party, or by direction of the Court by 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.

Rule - 19. Damages.

Any husband may, either in a petition for divorce or judicial separation, claim damages from any person on the ground of his having committed adultery with the wife or such petitioner.

(i)       Such petition shall be served on the alleged adultery and the wife, unless the Court dispenses with such service in accordance with the provisions of Rule 12.

(ii)      The damages to be recovered on any such petition shall be ascertained by the said Court although the respondent or either of them may not appear. After the decision has been given, the Court may direct in what manner the damages shall be paid or applied.

Rule - 20. 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 co-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 adultery, reason to believe the respondent to be a married woman.

Rule - 21. Taxation of Costs.

Unless otherwise directed by the Court, the costs of the petition under the Act shall be costs as taxed in suits under the Indian Divorce Act IV of 1869.

Rule - 22. Order as to costs.

(a)      The award of costs shall be within the discretion of the Court and the Court shall make an order about the same while passing the decree.

(b)      At any stage of the proceeding, initiated by the husband, the wife may apply for an order on the husband to pay into Court a sufficient sum of money to cover her costs of and incidental to the hearing of the cause, and the Judge shall thereupon issue an order upon the husband to pay into Court such amount as he thinks reasonable, unless he is satisfied that the wife has sufficient separate estate or that there is other good cause why such an order should not be made.

Rule - 23. Power to adjourn.

The Court may from time to time adjourn the hearing of any petition under the Act and may require further evidence thereon if it seem fit to do so.

Rule - 24. Transmission of certified copies of the decrees.

The Court shall send a true copy of every decree for divorce or nullity or dissolution or marriage to the Marriage Officer appointed under Section 3 of the Act.

Rule - 25.

A proceeding commenced by a petition for divorce or a declaration of the nullity of the marriage or judicial separation or restitution of conjugal rights shall be deemed to be a suit for the purpose of Civil Procedure Code.