Sections 21, 21A, 21B and 21C of the Hindu Marriage Act, 1955
These provisions explain how civil procedure applies to proceedings under the Hindu Marriage Act, when connected judicial-separation or divorce petitions are to be heard together, how matrimonial cases and appeals should be dealt with expeditiously, and how certain objections relating to stamping or registration affect documentary evidence.
Section 21 - Application of Act 5 of 1908
Act 5 of 1908 is the Code of Civil Procedure, 1908 (CPC). Section 21 of the Hindu Marriage Act provides the procedural bridge between matrimonial proceedings under the Act and the CPC.
Subject to the other provisions of the Hindu Marriage Act and the rules made by the High Court, proceedings under the Act are regulated, as far as may be, by the Code of Civil Procedure, 1908.
The words "subject to the other provisions contained in this Act" are important. The CPC applies procedurally so far as appropriate, but a specific procedural rule contained in the Hindu Marriage Act governs where the Act makes its own provision. Applicable High Court rules must also be considered.
For the current statutory text, see the Hindu Marriage Act, 1955 on India Code and the Code of Civil Procedure, 1908 on India Code.
Section 21A - Power to transfer petitions in certain cases
Section 21A addresses a particular situation in which both spouses file specified matrimonial petitions. It applies where one spouse has presented a petition for judicial separation under Section 10 or divorce under Section 13, and the other spouse later presents another petition under Section 10 or Section 13.
When both petitions are in the same District Court
If Section 21A applies and both petitions are before the same District Court, they are to be tried and heard together by that court.
When the petitions are in different District Courts
If the petitions are in different District Courts, the later petition is to be transferred to the District Court in which the earlier petition was presented. The two petitions are then heard and disposed of together.
Authority to make the transfer
Section 21A(3) requires the court or Government competent under the CPC to exercise the necessary transfer power for the later petition. The CPC also contains general transfer provisions, including Section 24 for transfer or withdrawal by a High Court or District Court and Section 25 for transfer by the Supreme Court between civil courts in different States. The correct provision and forum depend on the facts, territorial setting and nature of the transfer sought.
Section 21B - Special provision relating to trial and disposal of petitions
Section 21B is intended to promote continuity and expedition in matrimonial proceedings.
Day-to-day trial
So far as practicable and consistently with the interests of justice, the trial should continue from day to day until it is concluded. If an adjournment beyond the following day is necessary, the court is required to record reasons.
Endeavour to conclude petitions within six months
Every petition under the Act is to be tried as expeditiously as possible, and an endeavour is to be made to conclude the trial within six months from the date on which notice of the petition is served on the respondent.
Endeavour to conclude appeals within three months
Every appeal under the Act is also to be heard as expeditiously as possible, with an endeavour to conclude the hearing within three months from the date on which notice of the appeal is served on the respondent.
The statutory language uses "endeavour" for these six-month and three-month periods. The provision therefore expresses a legislative direction for expedition rather than stating that every proceeding automatically terminates when the indicated period expires.
Section 21C - Documentary evidence
Section 21C contains a special rule concerning documentary evidence in the trial of a petition under the Hindu Marriage Act.
A document is not to be treated as inadmissible in such a proceeding merely because it is not duly stamped or registered, notwithstanding a contrary provision in another enactment.
This provision addresses inadmissibility on the stated grounds of deficient stamping or registration in proceedings at the trial of a petition under the Act. Questions such as relevance, proof, authenticity, evidentiary weight and other legally applicable objections are separate matters and should not be confused with the specific protection provided by Section 21C.
Practical meaning of Sections 21 to 21C
Read together, these sections create a procedural framework for matrimonial litigation. Section 21 imports CPC procedure subject to the Hindu Marriage Act and applicable High Court rules. Section 21A seeks to avoid parallel adjudication of the specified connected judicial-separation or divorce petitions by bringing them before one District Court. Section 21B emphasizes continuous and speedy disposal. Section 21C prevents a document from being rejected solely on the particular stamping or registration ground stated in that section.
These provisions should also be read with Section 19 on the court in which a petition may be presented, Section 20 on contents and verification of petitions, and Section 22 on in-camera proceedings and publication restrictions.