• slider1
  • slider2_new
  • slider3-new

RULES OF VARIOUS HIGH COURTS UNDER HINDU MARRIAGE ACT, 1955 PART XVI

15. PUNJAB & HARYANA HIGH COURT HINDU MARRIAGE RULES, 19561

 

1. Short title.—These rules may be called the Hindu Marriage (Punjab) Rules, 1956.

2. Definitions.—In these rules, unless there is anything repugnant in the subject or context,—

(a)   “Act” means the Hindu Marriage Act (25 of 1955).

(b)   “Form” means a form appended to these rules.

(c)   “Section ” and “sub-section ” means, respectively, Section and sub-section of the Act.

(d)   All other terms and expressions used herein but not defined shall have the meaning respectively assigned to them in the Act.

3. Petition to be accompanied by extract or affidavit regarding marriage.—A petition under the Act shall be accompanied by a certified extract from the Hindu Marriage Register maintained under Section 8 of the Act and in the absence of the same affidavit, to the effect that the petitioner was married to the respondent unless the certificate or affidavit is already on the record.

4. Contents of the petition.—All petitions under Sees. 9 to 13 shall state— (i)   the date and place of the marriage;

(ii)   whether the petitioner and the respondent were Hindus by religion at the time of the marriage and whether they continue to be so up to the date of the filing of the petition;

(in)   the status and place of residence of the parties to the marriage before the marriage and at the time of filing the petition;

(iv)   the principal permanent addresses where the parties have cohabited, including the address where they last resided together;

(v)   whether there have been previous proceedings with regard to _____        marriage by or on behalf of any party; if so, the result of those proceedings;

(vi)   whether any children were born of the marriage and, if so, the date and place of birth and the name and sex of each child separately, and whether alive or dead;

(vii)   the matrimonial offences charged _set out in separate paragraphs with the times and places of their alleged commission. 

5. Petition to be accompanied by affidavit to show that there is no collusion or connivance.—A petition for divorce on grounds of adultery

1.     Vide Notification No. 27/- General/XXVII-19 dated 22nd November, 1956.                    

shall state that the petitioner has not in any. manner been accessory to or connived at or condoned the adultery.

6. Full facts of adultery to be given.—In any petition for divorce the petitioners shall be required to give particulars as nearly as he can of the acts of adultery alleged to have been committed by the respondent or respondents, as the case may be. 

7. Affidavit of non-cohabitation for divorce after decree of judicial separation.—A petition for divorce, after the passing of a decree for judicial separation, shall be accompanied by an affidavit made by the petitioner to the effect that he or she has not resumed cohabitation for a period of one year or upwards after the passing of a decree for judicial separation.

8. Presentation of petition.—Every petition or application under the Act shall be presented to the Court in person or through an Advocate or a Pleader or a recognized Agent.

9. Notice to respondent.—(1) A notice of every petition or application under the Act shall be issued to the respondent in Form A to appear and answer the claim on a day to be therein specified :

Provided that no such notice would be necessary when the respondent appears at the time of the presentation of the petition or application.

(2) Copies for respondent.—Every such notice shall be accompanied by a copy of the petition or application. The required number of copies of the petition or application shall be supplied by the petitioner or applicant at the time of its presentation in Court.

10. Petition on ground of adultery, adulterer to be impleaded as party.—

Upon a petition presented by a husband for divorce or judicial separation on the ground of adultery, the petitioner shall make the alleged adulterer a correspondent. The petitioner may, however, be excused from so doing on any of the following grounds with the permission of the court:

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

(b)   that the name of the alleged adulterer is unknown to the petitioner although the has made due efforts to discover the same;

(c)   that the alleged adulterer is dead.

11. True copy of pleadings to be served on adulterers.—Where a husband is charged with adultery with a named person, a true copy of the pleadings containing such charge shall, unless the Court for good cause shown otherwise directs, be served upon the person with whom the adultery is alleged to have been committed, accompanied by a notice that such person is entitled, within the time therein specified, to apply for the leave to intervene in the cause.                               

12. Pleadings of respondents and intervenor to be verified.—(a) a

respondent or a co-respondent or a woman to whom leave to intervene has been granted under these rules, may file in the Court an answer to the petition.

(b) any answer which contains matters other than a simple denial of the facts stated in the petition shall be verified in respect of such matters by the respondent or co-respondent, as the case may be, in the manner required by the rules for the verification of petitions and when the respondent is husband or wife or the petitioner, the answer shall contain declaration that there is not any collusion or connivance between the parries.

(c) where the answer of a husband alleges adultery and prays for relief, a certified copy thereof shall be served upon the alleged adulterer, together with a notice to appear in like manner as on a petition. When in such a case no relief is claimed the alleged adulterer shall not be made a co-respondent but a certified copy of the answer shall be served upon him together with a notice that he is entitled within the time therein specified to apply for leave to intervene in the proceedings and, upon such application, he may be allowed to intervene, subject to such direction as may then be given by the Court.

13. Permission of Court necessary to intervene.—Any person, not a party to the proceedings, may be permitted by the Court to intervene and show that the allegations made by the petitioner are contrary to facts and that the proceedings are collusive. Such permission shall not be granted unless the person seeking to intervene files an affidavit in support of his position and satisfies the Court that it is proper to give such permission. Such person shall, when he first appears in Court, file a proceeding stating his or her address for service.

14. Adulterer to pay whole or part of 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 adultery, living apart from her husband and was leading the life of a prostitute;

(ii)   if the co-respondent had not, at the time of adultery, reason to believe the respondent to be a marrie

15. Register to be maintained.—Every Court shall maintain a register in which the details regarding petitions shall be entered and it shall conform to Civil Register No. Ill maintained for divorce and matrimonial cases.

16. Forms.—The forms given in the Appendix to these rules may, with necessary modifications, be used in the proceedings under the Act.

                     

FORMA

[See Rule 5]

In the District Court at …………………. 

Matrimonial and Divorce Jurisdiction

Case No…………………..                            

Date of institution……………. 

…………………………….. …………………………………..                                          Petitioner 

Versus

……………………………._………………………………….                                         Respondent

…………………………………………………………………..                                        Co-respondent

To                                                                    .

Whereas ………………………. has presented a petition/application against

you for …………………….under Section …………………. of the Hindu Marriage

Act, 1955 (No. 25 of 1955), (a copy of the said petition/application is sent herewith), you are hereby summoned to appear in this Court on the …………………. at 10 o’clock in the forenoon to answer the said petition/

application, either in person or by recognized Agent duly instructed and able to answer all material questions relating to the case, or who shall be accompanied by some other person able to answer all such questions or by an Advocate or Pleader similarly instructed or accompanied and you are directed to produce on that day all documents upon which you intend to rely in support of your defence. You may file an answer to the petition/application on the date mentioned above.

You are further informed that in default of your appearance on the day and in the manner above mentioned the petition/application will be heard and determined in your absence.

Given under my hand and the seal of this Court, this…………….day of……………………. Two thousand and…………………..

(Sd.) …………………. 

District Judge

FORM  B

(Petition for restitution of conjugal rights)

In the District Court at………………….

…………………………….. …………………………………..                                          Petitioner 

Versus

……………………………._………………………………….                                         Respondent

 

Petition for restitution of conjugal rights under Section 9 of the Hindu Marriage Act, 1955 (25 of 1955)

The petitioner prays as follows :

1. A marriage was solemnized between the parties on………………….. at …………………. An extract from the Hindu Marriage Register/An affidavit duly attested is filed herewith.

2. The status and place of residence of the parties to the marriage before the marriage and at the time of filing the petition were as follows :

Husband : Status (i) Before marriage………………….. …………………………………….

(ii) At the time of the filing of the petition……………….

Wife         : Status (i) Before marriage…………………………………………………….

(ii) At the time of the filing of the petition……………….

(Whether a party is a Hindu by religion or not is a part of his or her status.)

3. (In this paragraph particulars and places of cohabitation as husband and wife and of the children from the marriage, if any, may be given. The date and place of birth and name and sex of each child and the fact whether alive or dead should also be stated.)…………………………………………..

4. The respondent has, without reasonable excuse, withdrawn from the society of the petitioner with effect from …………………. (cause of the estrangement, as known to the petitioner, may be stated).

5. The petition is not presented in collusion with the respondent. 

6. There has not been any unnecessary or improper delay in filing this petition. 

7. There is no other legal ground why relief should not be granted.

8. There has not been any previous proceeding with regard to the marriage by or on behalf of any party.

Or,

There have been the following previous proceedings with regard to the marriage by or on behalf of the parties.

Result

Serial No.

 

Names of parties

 

Nature of proceedings with Section of the Act

 

Number and year of the case

 

Name and location of the Court

 

(i)

(ii)

(iii)

(iv)

           

9. The marriage was solemnised at ………………………. /the husband and

wife reside /the husband and wife last resided together or within the local limits of the Ordinary Original Civil Jurisdiction of this Court. 

10. The petitioner prays for a decree for restitution of conjugal rights against the respondent.

Petitioner

Verificati

The above-named petitioner states on solemn affirmation that paras 1 to…………………… of the petition are true to the best of the petitioner’s

information and belief.

Verified at …………………. (place)

Dated ………………….                                            

(Sd.) ………………….

Petitioner

FORM  C

(Petition for judicial separation) 

In the District Court at …………………. 

…………………………….. …………………………………..                                          Petitioner 

Versus

……………………………._………………………………….                                         Respondent

…………………………………………………………………..                                        Co-respondent

 

Petition for judicial separation under Section 10 of the Hindu Marriage Act, 1955 (25 of 1955) The petitioner prays as follows : 

(Paragraphs 1 to 3 as in Form B above)

4. The respondent has …………………. (Any one or more of the grounds

specified in Section 10 may be pleaded here. The matrimonial offences charged should be set out in separate paragraphs, with times and places of their alleged commission. The facts on which the claim to relief is founded should be stated as distinctly as the nature of the case permits. If adultery is pleaded, the petitioner should give particulars, as nearly as he can, of the acts of adultery alleged to have been committed).

5. The petitioner has not in any manner been accessory to or connived at or condoned the acts complained of.

6. (Where the ground of petition is cruelty). The petitioner has not in any mariner condoned the cruelty.

7. The petition is not presented in collusion with the respondent. 

8. There has not been any unnecessary or improper delay in filing the petition.

   9. There is no other legal ground why the relief should not be granted.

10. There has not been any previous proceeding with regard to the marriage by or on behalf of any party.

Or,

There have been the following previous proceedings with regard to the marriage by or on behalf of the parties : 

 

11. The marriage was solemnized at ……………………./the husband and

wife reside/the husband and wife last resided together within the local limits of the Ordinary Original Civil Jurisdiction of this Court.

12. The petitioner, therefore, prays for a decree for judicial separation against the respondent.

 

(Sd).

 

 

 

Petitioner

 

(Verification as in Form B above) 

 

‘ Where applicable.

 

FORM D

 (Petition for a decree of nullity of marriage)

In the District Court at ………………..

…………………………….. …………………………………..                                          Petitioner 

Versus

……………………………._………………………………….                                         Respondent

 

Petition for a decree of nullity of marriage under Section 11 of the Hindu Marriage Act, 1955 (25 of 1955)

 The petitioner prays as follows : (Paragraphs 1, 2 and 3 as in Form B above)

 

4. The respondent had a spouse living at the time of the marriage.

Or,

The patrti.es are within the degrees of prohibited relationship and there is no custom or usage governing each of them which permits of a marriage between the two’.

Or,

The parties are sapindas of each other and there is no custom or usage governing each of them which permits of a marriage between the two. 

5. The petition is not presented in collusion with the respondent. 

6. There has not been any unnecessary or improper delay in filing the petition.

7. There is no other legal ground why the relief should not be granted.

8. There has not been any previous proceeding with regard to the marriage by or on behalf of any party.

Or,

There have been the following previous proceedings with regard to the marriage by or on behalf of the parties—

Serial No.

 

Names of

 

Nature of

 

Number

 

Name and

 

Result

 

 

 

parties

 

proceedings with Section

 

and year of the case

 

location of the Court

 

 

 

 

 

 

 

of the Act

 

 

 

 

 

 

 

(i)

 

 

 

 

 

 

 

 

 

 

 

(ii)

 

 

 

 

 

 

 

 

 

 

 

(in)

 

 

 

 

 

 

 

 

 

 

 

(iv)

 

 

 

 

 

 

 

 

 

 

 

 

9. The marriage was solemnized at …………………./the husband wife reside/

the husband and wife last resided together or within the local limits of the Ordinary Original Civil Jurisdiction of this Court. 

10. The petitioner, therefore, prays that the marriage solemnized between the parties being null and void may be so declared by the Court by a decree of nullity.

 

(Sd.)

 

Petitioner

 

(Verification as in Form B above)

FORM E

(Petition for annulment of marriage)

In the district Court at………………….

……………………………………………………..                                                    Petitioner

Versus

……………………………………………………                                                   Respondent

 

Petition for the annulment of a marriage under Section 12 of the Hindu Marriage Act, 1955 (25 of 1955) 

The petitioner prays as follows :

(Paragraphs I, 2 and 3 as in Form B above)

4. The respondent was impotent at the time of marriage and continued to be so until the institution of these proceedings.

Or,

the respondent was an idiot/a lunatic at the time of marriage.1

Or,

the consent of the petitioner/guardian of the petitioner was obtained by force/fraud and the petition is presented within one year after the force had ceased to operate/fraud had been discovered and the petitioner had not, with his/her full consent, lived with the other party to the marriage as husband/wife after the force has ceased to operate/fraud has been discovered.

Or,

the respondent was at the time of the marriage pregnant by some person other than the petitioner and the petitioner was at the time of marriage ignorant of this fact and the proceedings have been instituted within one year from the date of the marriage and marital intercourse with the consent of the petitioner has not taken place since the discovery by the petitioner of the existence of the respondent’s pregnancy by some person other than the petitioner.

(Paragraphs 5 to 10 and verification as in Form B)

FORM F

(Petition for dissolution of marriage by a decree of divorce)

In the district Court at………………….

……………………………………………………..                                                    Petitioner

Versus

……………………………………………………                                                   Respond

…………………………………………………………………………………Co-respondent

 

Petition for dissolution of marriage by a decree of divorce under Section 13 of the Hindu Marriage Act, (25 of 1955)

  1. These parts of Form E have to be recast in the light of the 1976 amendment of Sec. 12 see notes there under supra.                   

The petitioner prays as follows  

(Paragraphs 1, 2 and 3 as in Form B above)

4. The respondent has ………………….

(One or more of the grounds specified in Section 13 may be pleaded here. The facts on which the claim to relief is founded should be stated as distinctly as the nature of the case permits. If adultery is pleaded, the petitioner should give particulars as nearly as he can of the acts of adultery alleged to have been committed. The matrimonial offences charged should be set out in separate paragraphs, with the times and places of their alleged commission. If the ground specified in clause (viii) of Section 13(1) is pleaded, the petition should be accompanied by an affidavit of the petitioner to the effect that he or she has not resumed cohabitation for a period of two years of upwards since the passing of the decree for judicial separation.)

5. [Where the ground of petition is the ground specified in clause (i) of sub-section (1) of Section 13]. The petitioner has not in any manner been accessory to or connived at or condoned the acts complained of.

6. (Where the ground of petition is cruelty). The petitioner has not in any manner condoned the cruelty.

(Paragraphs 7 to 12 as in Form C above)

FORM G

(Application for leave to file a divorce petition) 

In the district Court at………………….

……………………………………………………..                                                    Petitioner

Versus

……………………………………………………                                                   Respondent

 

Application under Section 14 of the Hindu Marriage Act, 1955 (25 of 1955)  The applicant prays as under :

 1. A marriage was solemnized between the parties on …………………. at …………………. An extract from the Hindu Marriage Register/An affidavit duly attested is filed herewith.

(Paragraph 2 as in Form B above) 

3. (In this paragraph particulars and places of cohabitation as husband and wife and the children from the marriage, if any, may be given. The date and place of the birth and name and sex of each child and the fact whether alive or dead should also be stated.)

4. This is a case of exceptional hardship to the petitioner/exceptional depravity on the party of the respondent……………………. (stated as distinctly as the nature of the case permits the particulars about the exceptional hardship or depravity, as the case may be).

 

5. The marriage was solemnized at ………….. ……../the parties reside/the parties last resided together with the Ordinary Original Civil Jurisdiction of this Court

6. The applicant, therefore, prays that he/she may be allowed to present a petition for divorce before one year have elapsed since the date of marriage.

(Sd.) ………………….

Applicant

(Verification as in Form C above)               

FORM H

(Application for maintenance pendente lite)

In the district Court at………………….

……………………………………………………..                                                    Petitioner

Versus

……………………………………………………                                                   Respondent

 

Application for maintenance pendents lite and for expenses of proceedings under Section 24 of the Hindu Marriage Act, 1955 (25 of 1955)

2. The applicant prays as follows :

1. A proceedings for …………………. under Section …………………. of the

Hindu Marriage Act, 1955, is pending between the parties in this Court. The particulars are as follows :

Number and year of case

 

Names of parties

 

Next date of hearing

 

Remarks

 

 

 

 

 

 

 

 

 

 

2. The applicant owns no other movable or immovable property and no other source of income except ………v………… (give particulars of the petitioner’s property and income).

3. The applicant has no independent income sufficient for his/her support and the necessary expenses of the proceeding.

4. The respondent has sources of income and owns property mentioned below :

………………….(Give full particulars about respondent’s income and property.)

5. The petitioner prays that the respondent should be ordered to pay a sum of Rs………………….. as the petitioner’s expenses of the proceeding and a

sum of Rs. …………………. monthly for the petitioner’s maintenance during the proceeding.

(Sd.) ……………

Applicant

 

 (Verification as in Form B above)

FORM I

(Application for permanent maintenance)

In the district Court at………………….

……………………………………………………..                                                    Petitioner

Versus

……………………………………………………                                                   Respondent

 

Application for permanent alimony and maintenance under Section 25 of the Hindu Marriage Act, 1955 (25 of 1955)

The applicant prays as follows : 

1. A proceeding between the parties for ………….….r……………. under

Section …………………………….. of the Hindu Marriage Act, 1955, is pending/

was decided by this Court, particulars of which are given below :

Number and year of case

 

Names of parties

 

Date of decision or date of next hearing

 

Remarks

 

 

 

 

 

 

 

 

 

 

2. The applicant owns no other movable or immovable property and has no other source of income except ……………………………..

(Give full particulars of the property and income.)               

3. The respondent has source of income and owns property mentioned below :

…………………………….. (Give full particulars about respondent’s income and property.)

4. The applicant has no remarried and has not been guilty of any conduct which would disentitle him/her to receive maintenance from the respondent.                                

5. The applicant prays that having regard to the incomes of the parties and their conduct the respondent may be ordered to pay to the petitioner for his/her maintenance and support until death or remarriage a gross/ monthly periodical sum of Rs. …………………………….. and (score out portion

not necessary) such payment may be secured by a charge on the immovable property of the respondent.

(Sd.)……………………………..

              Applicant

(Verification as in Form B above)

Be Sociable, Share!Tweet about this on Twitter
Twitter
Share on Google+
Google+
0Share on Facebook
Facebook
0

Leave a Reply

Your email address will not be published. Required fields are marked *

Copyright ©2015 VPS LAW FIRM. All Rights Reserved. Disclaimer  Term of Use