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

 

 

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