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What is application of Act 5 of 1908? Power to transfer petition in certain cases. Special provision related to trial and disposal under the Act and Documentary evidence. Section 21, 21A, 21B & 21C of The Hindu Marriage Act 1955.

In some cases Act 5 of 1908 is applicable. The court have the power to transfer the Petitions certain cases. There is special provision related to trial and disposal under the Act. Provision related to documentary evidence is mentioned under Section 21C. Provisions in the Act mentioned in Section 21, 21A, 21B and 21C of the Hindu Marriage Act 1955 are.

Section 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.

Section 21-A of The Hindu Marriage Act 1955 - Power to transfer petitions in certain cases.
21A(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.

 

Section 21-B of The Hindu Marriage Act 1955 Special provision relating to trial and disposal of petitions under the Act.
21B (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.

Section 21 of the Hindu Marriage Act 1955 - 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.

   
 

The Hindu Marriage Act 1955 Law relating to marriage among Hindus

Whom Hindu Marriage Act 1955 applicable to? Section 2 of the Hindu Marriage Act 1955 and its applicability to religions.

What are the conditions for a Hindu Marriage as per The Hindu Marriage Act 1955? Section 5 of the Hindu Marriage Act 1955 Conditions.

Is it necessary to Register a Hindu marriage? Registration Requirement of Hindu Marriage as per Section 8 of the Hindu Marriage Act 1955

What is restitution of conjugal rights? Section 9 of The Hindu Marriage Act 1955. What is Judicial Separation? Section 10 of The Hindu Marriage Act 1955

What is Nullity of Marriage and Divorce? Section 11 of The Hindu Marriage Act 1955. What is Voidable Marriage ? Section 12 of The Hindu Marriage Act 1955

How Divorce can be obtained? What are the grounds for Divorce as per Section 13 of The Hindu Marriage Act 1955. Divorce Petition and grounds to file divorce petition

What is Alternate Relief in Divorce Proceedings? Section 13A of the Hindu Marriage Act 1955. What is divorce by Mutual Consent as per Section 13B of The Hindu Marriage Act 1955. Alternate relief and Divorce by mutual consent of husband and wife.

What is the time limit to file Divorce Petition? When can a divorce petition be filed? Section 14 of The Hindu Marriage Act 1955

When a divorced person marry again? What is the time limit for remarriage? Section 15 of The Hindu Marriage Act 1955

What is the legitimacy of children of void and voidable marriages? Section 16 of The Hindu Marriage Act 1955

What is the punishment for bigamy? Section 17 of The Hindu Marriage Act 1955. Punishment for bigamy under Hindu Law and Indian Penal Code section 494 and 495.

What is the punishment for contravention of provisions in the Hindu Marriage Act? Section 18 of The Hindu Marriage Act 1955. Punishment for violation of Provisions in the Act

In which court petition under the Hindu Marriage Act shall be presented ? Section 19 of The Hindu Marriage Act 1955. Contents and Verification of petitions

What is application of Act 5 of 1908? Power to transfer petition in certain cases. Special provision related to trial and disposal under the Act and Documentary evidence. Section 21, 21A, 21B & 21C of The Hindu Marriage Act 1955

Can proceeding recorded in camera be published or printed? Proceedings to be in camera may not be printed or published. Section 22 of The Hindu Marriage Act 1955

Decree in Proceedings. Section 23 of The Hindu Marriage Act 1955

Who will pay proceeding expenses? Section 24, What is permanent alimony and Maintenance? Section 25 of The Hindu Marriage Act 1955

What is the procedure to take custody of Children? Section 25 of The Hindu Marriage Act 1955

What is the procedure to take custody of Children? Section 26 of The Hindu Marriage Act 1955. Disposal of property under section 27 of the Act

How to file appeal against Decrees made by the Court against any proceedings under the Hindu Marriage Act 1955? Enforcement of Decrees and Orders. Section 28 and 28A of the Act

Whether the marriage solemnized between Hindus before the commencement of The Hindu Marriage Act 1955 is valid? Section 29 Savings

 

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