The High Court of Jharkhand Hindu Marriage Rules, 2017

79777e0a97c091e8a1a1cde7ed1820c0eb65c12a · 1955 · State unknown

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Parent: THE HINDU MARRIAGE ACT, 1955 (87a1dce0e4bc2bb479b66fc225252e92cfd84374)

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The High Court of Jharkhand Hindu Marriage Rules, 2017 Published vide Notification No. 03/2017/R&S, dated 16th May, 2017 jhr291 Notification No. 03/2017/R&S, dated 16th May, 2017. - In exercise of the powers conferred by Sections 14 and 21 of the Hindu Marriage Act, 1955 (25 of 1955), the High Court of Jharkhand, Ranchi hereby frames "The High Court of Jharkhand Hindu Marriage Rules, 2017" as under; Short title and commencement. -(i) These rules may be called the High Court of Jharkhand Hindu Marriage Rules, 2017. (ii) These rules shall come into force with effect from the date of publication in the Jharkhand Gazette. Definitions. -(i) The Act' means the Hindu Marriage Act, 1955 (25 of 1955). (ii) `Court' means the Court mentioned in Section 3(b) of the Act. Form of the proceeding. - The following proceeding under the Act shall be initiated by original petitions :- (i) Under Section 9 for restitution of conjugal rights; (ii) Under sub-section (1) of Section 10 for judicial separation; (iii) Under sub-section (2) of Section 10 for rescinding a decree for judicial separation; ; ... (iv) Under Section 11 for declaring a marriage null and void; (v) Under Section 12 for annulment of a marriage by a decree of nullity; (vi) Under Section 13 for divorce; (vii) Under Section 26 to make, revoke suspend or vary an order for provision regarding the custody, maintenance or education of minor children. Every other proceeding, subsequent to the original petition mentioned in Rule 3, shall be initiated by an interlocutory application. 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 pres

Rule TOC

6 · When a husband or a wife is mentally ill or suffering from mental disorder, any brought on his or her behalf by the person entitled to his or her custody.

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.

16 · Co -respondent in husband's petition. - In any petition presented by a husband for divorce on the ground that the wife is living in adultery or judicial separation on the ground that the wife has, since the solemnisation of the marriage, been guilty of adultery, the petitioner shall make the alleged adulterer, if alive a co-respondent in the said petition, unless he is excused from so doing by an order of the Court which may be made on any or more of the following grounds which shall be supported by an affidavit in respect of the relevant facts :-

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 corespondent on the ground of his having committed adultery with the wife of such petitioner-