Code of Civil Procedure to apply
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Summary
Proceedings between the parties under this Act are governed by the rules and procedure of the Code of Civil Procedure, unless the Act itself provides a different rule. That means courts will normally follow civil procedure on pleadings, service, trials, evidence and appeals in matters under this Act. Any specific provision in this Act overrides the Code where they conflict.
Example
Priya files a divorce petition against Arjun. The court will follow the Code of Civil Procedure for service, pleadings and trial procedures unless the Indian Divorce Act gives a different procedure for any step.
Bare Act
Enacted textSubject to the provisions herein contained, all proceedings under this Act between party and party shall be regulated by the Code of Civil Procedure1*.
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