enerscript/MARRIAGEACT · Datasets at Fast360

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(v) of Section 5, with simple imprisonment which may extend to one month, or
with fine which may extend to one thousand rupees, or with both;
(c) Clause (c) omitted by Act 2 of 1978.
Jurisdiction and Procedure
19. Court to which petition shall be presentedEvery 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 claims 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.
21-A. 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 marriage praying for a decree for a judicial separation
under Section 10 or of a decree of divorce under Section 13; and
(b) another petition under this Act has been presented thereafter by the other
party to 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 petition 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, 5
of 1908 to transfer any suit or proceeding from this 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.
21-B. 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.
21.-C. 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. Proceedings to be in camera and may not be printed or published.-(1)
Every proceedings 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 judgment 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 sub-section (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 grounds specified in sub-clause (a), subclause
(b) and sub-clause (c) of clause (ii) of Section 5 is not 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 subsection
(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 or
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

(v) of Section 5, with simple imprisonment which may extend to one month, or

with fine which may extend to one thousand rupees, or with both;

(c) Clause (c) omitted by Act 2 of 1978.

Jurisdiction and Procedure

19. Court to which petition shall be presentedEvery 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 claims 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.

21-A. 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 marriage praying for a decree for a judicial separation

under Section 10 or of a decree of divorce under Section 13; and

(b) another petition under this Act has been presented thereafter by the other

party to 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 petition 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, 5

of 1908 to transfer any suit or proceeding from this 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.

21-B. 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.

21.-C. 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. Proceedings to be in camera and may not be printed or published.-(1)

Every proceedings 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 judgment 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 sub-section (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 grounds specified in sub-clause (a), subclause

(b) and sub-clause (c) of clause (ii) of Section 5 is not 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 subsection

(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 or

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