Section 62 of the Divorce Act, 1869 - Power to Make Rules
Section 62 of the Divorce Act, 1869 empowers the High Court to make procedural rules for proceedings under the Act. It also permits the High Court to alter or add to those rules, subject to statutory safeguards.
Text and Meaning of Section 62
Section 62 - Power to make rules.
The High Court shall make such rules under this Act as it may from time to time consider expedient, and may from time to time alter and add to the same.
The proviso requires such rules, alterations and additions to remain consistent with the provisions of the Divorce Act, 1869 and the Code of Civil Procedure, 1908.
All such rules, alterations and additions are required to be published in the Official Gazette.
What Section 62 Provides
The section is a rule-making provision. It gives the jurisdictional High Court authority to frame rules governing practice and procedure under the Divorce Act, 1869. The power is continuing in nature: rules may be made and may later be altered or supplemented when considered expedient.
1. High Court power to frame rules
The expression "High Court" is defined in Section 3 of the Divorce Act for the areas covered by the Act. Section 62 authorises that High Court to make rules for proceedings under the Act.
2. Rules must conform to the parent Act
Rules made under Section 62 cannot override or contradict the Divorce Act, 1869. They are subordinate procedural rules and must operate consistently with the substantive and procedural requirements imposed by the Act.
3. Consistency with the Code of Civil Procedure, 1908
The proviso expressly requires consistency with the Code of Civil Procedure, 1908. The reference to the Code of Civil Procedure was substituted by Act 51 of 2001 with effect from 3 October 2001. In practical terms, rules framed under Section 62 must fit within both the Divorce Act and the applicable civil procedural framework.
4. Official Gazette publication
Section 62 requires the rules, and subsequent alterations or additions, to be published in the Official Gazette. Gazette publication provides the formal public record of the rules made under the statutory authority.
Why Section 62 Matters
The Divorce Act creates matrimonial rights, remedies and jurisdiction, while Section 62 supplies a mechanism by which High Courts can regulate court procedure under the Act. A person dealing with a proceeding under the Divorce Act should therefore consider not only the Act and the Code of Civil Procedure, 1908, but also the applicable rules and practice directions of the jurisdictional High Court.
Official Legal Source
The central legislation can be verified through India Code, the official legislative database maintained by the Government of India. For court-specific rules, consult the official website and Gazette notifications of the concerned High Court.
Related Provisions
For the surrounding provisions of the Act, see Section 61 - Bar of suit for criminal conversation and the main Divorce Act, 1869 page.
This page is a general legal information resource. Court procedure should be verified from the current statutory text, applicable High Court rules and official notifications.