enerscript/MARRIAGEACT · Datasets at Fast360

text stringlengths 0 206
adjourn the proceedings for a reasonable period not exceeding fifteen days and
refer the matter to any person named by the parties in this behalf or to any person
nominated by the Court if the parties fail to name any person, with directions to
report to the Court as to whether reconciliation can be and has been effected and
the court shall in disposing of the proceeding have due regard to the report.
(4) In every case where a marriage is dissolved by a decree of divorce, the court
passing the decree shall give a copy thereof free of cost to each of the parties.
23-A. Relief for respondent in divorce and other proceedings.- In any
proceedings for divorce or judicial separation or restitution of conjugal rights, the
respondent may not only oppose the relief sought on the ground of petitioner's
adultery, cruelty or desertion, but also make a counter-claim for any relief under
this Act on that ground; and if the petitioner's adultery, cruelty or desertion is
proved, the Court may give to the respondent any relief under this Act to which he
or she would have been entitled if he or she had presented a petition seeking such
relief on that ground.
24. Maintenance pendente lite and expenses of proceedings.-
Where in any proceeding under this Act it appears to the Court that either the wife
or the husband, as the case may be, has no independent income sufficient for her
or his support and the necessary expenses of the proceeding, it may, on the
application of the wife or the husband, order the respondent to pay the petitioner
the expenses of the proceeding such sum as, having regard to the petitioner's own
income and the income of the respondent, it may seem to the Court to be
reasonable.
25. Permanent alimony and maintenance.-(1) Any court exercising jurisdiction
under this Act may, at the time of passing any decree or at any time subsequent
thereto, on application made to it for the purposes by either the wife or the
husband, as the case may be, order that the respondent shall pay to the applicant
for her or his maintenance and support such gross sum or such monthly or
periodical sum for a term not exceeding the life of the applicant as, having regard
to the respondent's own income and other property of the applicant, the conduct of
the parties and other circumstances of the case, it may seem to the Court to be
just, and any such payment may be secured, if necessary, by a charge on the
immoveable property of the respondent.
(2) If the Court is satisfied that there is a change in the circumstances of either
party at any time after it has made an order under sub-section (1), it may at the
instance of either party, vary, modify or rescind any such order in such manner as
the court may deem just.
(3) If the Court is satisfied that the party in whose favour an order has been made
under this Section has re-married or, if such party is the wife, that she has not
remained chaste or if such party is the husband, that he has had sexual intercourse
with any woman outside wedlock, it may at the instance of the other party vary,
modify or rescind any such order in such manner as the court may deem just.
26. Custody of children.- In any proceeding under this Act, the Court may, from
time to time, pass such interim orders and make such provisions in the decree as it
may deem just and proper with respect to the custody, maintenance and education
of minor children, consistently with their wishes, wherever possible, and may, after
the decree, upon application by petition for the purpose, make from time to time,
all such orders and provisions with respect to the custody, maintenance and
education of such children as might have been made by such decree or interim
orders in case the proceedings for obtaining such decree were still pending, and
the Court may also from time to time revoke, suspend or vary any such orders and
provisions previously made.
27. Disposal of property.-In any proceeding under this Act, the Court may make
such provisions in the decree as it deems just and proper with respect to any
property presented at or about the time of marriage, which may belong jointly to
both the husband and the wife.
28. Appeals from decrees and orders.-(1) All decrees made by Court in any
proceeding under this Act shall, subject to the provisions of sub-section (3), be
appealable as decrees of the Court made in the exercise of its original civil
jurisdiction and every such appeal shall lie to the Court to which appeals ordinarily
lie from the decisions of the Court given in the exercise of its original civil
jurisdiction.
(2) Orders made by the Court in any proceedings under this Act, under Section 25
or Section 26 shall, subject to the provisions of sub-section (3), be appealable if
they are not interim orders and every such appeal shall lie to the Court to which
appeals ordinarily lie from the decisions of the Court given in exercise of its original
civil jurisdiction.
(3) There shall be no appeal under this section on subject of costs only.
(4) Every appeal under this section shall be preferred within a period of thirty days
from the date of the decree or order.
28(A) Enforcement of decrees and orders.- All decrees and orders made by
the Court in any proceeding under this Act, shall be enforced in the like manner as
the decrees and orders of the Court made in the exercise of its original civil
jurisdiction for the time being enforced.
29. Savings.-(1) A marriage solemnized between Hindus before the
commencement of this Act, which is otherwise valid, shall not be deemed to be
invalid or ever to have been invalid by reason only of the fact that the parties
thereto belonged to the same gotra or pravara or belonged to different religion,
castes or sub-divisions of the same caste.
(2) Nothing contained in this Act shall be deemed to affect any right recognised by
custom or conferred by any special enactment to obtain the dissolution of a Hindu
Marriage, whether solemnized before or after the commencement of this Act.
(3) Nothing contained in this Act shall affect any proceeding under any law for the
time being in force for declaring any marriage to be null and void or for annulling
or dissolving any marriage or for judicial, separation pending at the
commencement of this Act, and any such proceeding may be continued and
determined as if this Act had not been passed.
(4) Nothing contained in this Act shall be deemed to effect the provisions contained
in the Special Marriage Act, 1954 (43 of 1954), with respect to marriages between
Hindus solemnized under that Act, whether before or after the commencement of
this Act.
30. Repeals.- (Repealed by the Repealing and Amendment Act, 1960 (58 of
1960), Sec. 2 and the First Schedule.)

adjourn the proceedings for a reasonable period not exceeding fifteen days and

refer the matter to any person named by the parties in this behalf or to any person

nominated by the Court if the parties fail to name any person, with directions to

report to the Court as to whether reconciliation can be and has been effected and

the court shall in disposing of the proceeding have due regard to the report.

(4) In every case where a marriage is dissolved by a decree of divorce, the court

passing the decree shall give a copy thereof free of cost to each of the parties.

23-A. Relief for respondent in divorce and other proceedings.- In any

proceedings for divorce or judicial separation or restitution of conjugal rights, the

respondent may not only oppose the relief sought on the ground of petitioner's

adultery, cruelty or desertion, but also make a counter-claim for any relief under

this Act on that ground; and if the petitioner's adultery, cruelty or desertion is

proved, the Court may give to the respondent any relief under this Act to which he

or she would have been entitled if he or she had presented a petition seeking such

relief on that ground.

24. Maintenance pendente lite and expenses of proceedings.-

Where in any proceeding under this Act it appears to the Court that either the wife

or the husband, as the case may be, has no independent income sufficient for her

or his support and the necessary expenses of the proceeding, it may, on the

application of the wife or the husband, order the respondent to pay the petitioner

the expenses of the proceeding such sum as, having regard to the petitioner's own

income and the income of the respondent, it may seem to the Court to be

reasonable.

25. Permanent alimony and maintenance.-(1) Any court exercising jurisdiction

under this Act may, at the time of passing any decree or at any time subsequent

thereto, on application made to it for the purposes by either the wife or the

husband, as the case may be, order that the respondent shall pay to the applicant

for her or his maintenance and support such gross sum or such monthly or

periodical sum for a term not exceeding the life of the applicant as, having regard

to the respondent's own income and other property of the applicant, the conduct of

the parties and other circumstances of the case, it may seem to the Court to be

just, and any such payment may be secured, if necessary, by a charge on the

immoveable property of the respondent.

(2) If the Court is satisfied that there is a change in the circumstances of either

party at any time after it has made an order under sub-section (1), it may at the

instance of either party, vary, modify or rescind any such order in such manner as

the court may deem just.

(3) If the Court is satisfied that the party in whose favour an order has been made

under this Section has re-married or, if such party is the wife, that she has not

remained chaste or if such party is the husband, that he has had sexual intercourse

with any woman outside wedlock, it may at the instance of the other party vary,

modify or rescind any such order in such manner as the court may deem just.

26. Custody of children.- In any proceeding under this Act, the Court may, from

time to time, pass such interim orders and make such provisions in the decree as it

may deem just and proper with respect to the custody, maintenance and education

of minor children, consistently with their wishes, wherever possible, and may, after

the decree, upon application by petition for the purpose, make from time to time,

all such orders and provisions with respect to the custody, maintenance and

education of such children as might have been made by such decree or interim

orders in case the proceedings for obtaining such decree were still pending, and

the Court may also from time to time revoke, suspend or vary any such orders and

provisions previously made.

27. Disposal of property.-In any proceeding under this Act, the Court may make

such provisions in the decree as it deems just and proper with respect to any

property presented at or about the time of marriage, which may belong jointly to

both the husband and the wife.

28. Appeals from decrees and orders.-(1) All decrees made by Court in any

proceeding under this Act shall, subject to the provisions of sub-section (3), be

appealable as decrees of the Court made in the exercise of its original civil

jurisdiction and every such appeal shall lie to the Court to which appeals ordinarily

lie from the decisions of the Court given in the exercise of its original civil

jurisdiction.

(2) Orders made by the Court in any proceedings under this Act, under Section 25

or Section 26 shall, subject to the provisions of sub-section (3), be appealable if

they are not interim orders and every such appeal shall lie to the Court to which

appeals ordinarily lie from the decisions of the Court given in exercise of its original

civil jurisdiction.

(3) There shall be no appeal under this section on subject of costs only.

(4) Every appeal under this section shall be preferred within a period of thirty days

from the date of the decree or order.

28(A) Enforcement of decrees and orders.- All decrees and orders made by

the Court in any proceeding under this Act, shall be enforced in the like manner as

the decrees and orders of the Court made in the exercise of its original civil

jurisdiction for the time being enforced.

29. Savings.-(1) A marriage solemnized between Hindus before the

commencement of this Act, which is otherwise valid, shall not be deemed to be

invalid or ever to have been invalid by reason only of the fact that the parties

thereto belonged to the same gotra or pravara or belonged to different religion,

castes or sub-divisions of the same caste.

(2) Nothing contained in this Act shall be deemed to affect any right recognised by

custom or conferred by any special enactment to obtain the dissolution of a Hindu

Marriage, whether solemnized before or after the commencement of this Act.

(3) Nothing contained in this Act shall affect any proceeding under any law for the

time being in force for declaring any marriage to be null and void or for annulling

or dissolving any marriage or for judicial, separation pending at the

commencement of this Act, and any such proceeding may be continued and

determined as if this Act had not been passed.

(4) Nothing contained in this Act shall be deemed to effect the provisions contained

in the Special Marriage Act, 1954 (43 of 1954), with respect to marriages between

Hindus solemnized under that Act, whether before or after the commencement of

this Act.

30. Repeals.- (Repealed by the Repealing and Amendment Act, 1960 (58 of

1960), Sec. 2 and the First Schedule.)