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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 (HMA) 1955

Section 2. Application of the Act

Section 3 and 4 of Hindu Marriage Act 1955

Section 5 Conditions for Hindu Marriage.

Section 6 and 7 of Hindu Marriage Act 1955

Section 8 Registration of Hindu Marriages

Section 9 Restitution of Conjugal Rights

Section 10 Judicial Separation

Section 11 Nullity of Marriage and Divorce- Void Marriages

Section 12 Voidable Marriages

Section 13 Divorce

Section 13A Alternate Relief in Divorce Proceedings

Section 13B Divorce by Mutual Consent

Section 14 No Petition for Divorce to be Presented within one year of Marriage

Section 15 Divorced Person, When may marry again

Section 16 Legitimacy of Children of Void and Voidable Marriages

Section 17 Punishment for Bigamy

Section 18 Punishment for contravention of certain other provisions in the Hindu Marriage Act

Section 19 Court to which Petition shall be presented

Section 20 Contents and Verification of Petitions

Section 21 Application of Act 5 of 1908

Section 21A Power to transfer Petitions in Certain Cases

Section 21B Special Provision relating to trial and disposal of Petitions under the Act

Section 21C Documentary Evidence

Section 22 Proceedings to be recorded and may not be Printed or published

Section 23 Decree of Proceedings

Section 23A Relief for respondent in divorce and other proceedings

Section 24 Maintenance, Pendente lite and Expenses for Proceedings

Section 25 Permanent Alimony and Maintenance

Section 26 Custody of Children

Section 27 Disposal of Property

Section 28 Appeals from Decrees and Orders

Section 28A Enforcement of Decrees and Orders

Section 29 Savings

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