The High Court of Jharkhand Hindu Marriage Rules, 2017

3 · Form of the proceeding: The following proceeding under the Act shall be initiated by original petitions

4 · Every other proceeding, subsequent to the original petition mentioned in Rule 3, shall be initiated by an interlocutory application. 5. Every petition, application, affidavit; decree or order under this Act shall be headed by a cause title in Form No. 1 given in the schedule to these rules with such variation as may be necessary and shall be drawn up, so far as possible, in the forms prescribed in the schedule to the Indian Divorce Act; 1869 (4 of 1869).

6 · When a husband or a wife is mentally ill or suffering from mental disorder, any petition under the Act other than a petition for restitution of conjugal rights may be brought on his or her behalf by the person entitled to his or her custody. 7. Petitions of minors: () Where the petitioner is a 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:

8 · Contents of petition: In addition to the particulars required to be given under Order VII; Rule 1 of the Code of Civil Procedure and Section 20 of the Act, every original petition shall state- (i) The place and the date f the marriage;

12 · Every petition made under the Act shall be accompanied by a certified copy of the certificate from the Hindu Marriage Registrar; if any, prescribed by the State Government about the solemnisation of the marriage under the Act. A petition for divorce on any of the grounds mentioned in clauses (viii) and (ix) of sub-section (1) of Section 13 of the Act shall be accompanied by a certified copy of a decree for judicial separation or for restitution of conjugal rights, as the case may be. 13. When a petition is presented, the Chief Ministerial Officer of the Court shall assign a distinctive number to the petition and all subsequent proceeding on the petition shall bear that number. 14. Along with the petition, the petitioner shall furnish a copy thereof for service on the respondent and if co-respondent is impleaded, an additional copy for service on him, together with the fee prescribed under the Court-fees Act for service of notices: 15. (i) Notice of the petition shall be in Form No. II given in the schedule to these rules for settlement of issue 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.

17 · Respondent in wife's petition: Unless otherwise directed, where a wife's petition alleges adultery with a woman named and contains a claim for costs against her, she shall be made a respondent in the case. 18. Intervention: (i) Any person other than a party to the proceeding including person charged with adultery or sodomy not made a respondent or co-respondent; shall be entitled to appear and intervene in the proceedings with the leave of the Court: The application shall be supported by an affidavit setting forth the facts on the basis on which the intervention is sought for:

19 · Written statements in answer to petition filed by respondent: The respondents may, and if so required by the Court, shall, present a written statement in answer to the petition and the provisions of Order VIII of the Code of Civil Procedure 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. 20. Damages: Any husband may, in petition for divorce, claim damages from the CO- respondent on the ground of his having committed adultery with the wife of such petitioner-

21 · Costs: The Court may direct that the whole or any part of the costs of the petition for nullity of marriage or for divorce incurred by any of the parties to such petitions may be paid by any of the other parties thereto: Provided that the co-respondent shall not be ordered to pay the petitioner's costs- () If the respondent was at the time of adultery living apart from the husband and leading the life of a prostitute , or

23 · Unless otherwise directed by the Court; the costs of the petition under the Act shall be cost as taxed in suit under the Indian Divorce Act (VI of 1869). 24. Appeal under the Act shall be governed by the relevant rules in the High Court of Jharkhand Rules, 2001 , General Letters, Circulars, Orders, Civil Court Rules framed by the High Court of Jharkhand, as the case may be, so far as they may be applicable