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HMA, 1955
Start Practicing
HMAChapter VSection 21
Section21

Application of Act 5 of 1908

AI Assist

Summary

Proceedings under the Act generally follow the Code of Civil Procedure, 1908. That rule applies only so far as it is possible and is subject to other provisions of the Act and any procedural rules the High Court makes. Practically, matrimonial cases use civil procedure for things like service, pleadings and hearings unless the Act or High Court rules provide a different process.

Example

Priya files a petition for divorce in her district court. The court will normally follow the Code of Civil Procedure for service, pleadings and evidence, unless the Act or a High Court rule prescribes a different procedure.

Bare Act

Enacted text

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.

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V

Chapter V

Jurisdiction and Procedure

In this chapter

  • 19Court to which petition shall be presented
  • 20Contents and verification of petitions
  • 21Application of Act 5 of 1908
  • 21APower to transfer petitions in certain cases
  • 21BSpecial provision relating to trial and disposal of petitions under the Act
  • 21CDocumentary evidence
  • 22Proceedings to be in camera and may not be printed or published
  • 23Decree in proceedings
  • 23ARelief for respondent in divorce and other proceedings
  • 24Maintenance pendente lite and expenses of proceedings
  • 25Permanent alimony and maintenance
  • 26Custody of children
  • 27Disposal of property
  • 28Appeals from decrees and orders
  • 28AEnforcement of decrees and orders
Previous · Section 20Contents and verification of petitionsNext · Section 21APower to transfer petitions in certain cases