Panchayat:Repo18/vol2-page0190 - Revision history

SujithPT at 07:11, 30 May 2019

2019-05-30T07:11:34Z

← Older revision		Revision as of 07:11, 30 May 2019
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			(2) The statements contained in every petition under this Act shall be verified by the petitioner or some other competent person in the manner required by law for the verification of plaints, and may, at the hearing, be referred to as evidence

	~~190 THE HINDU MARRIAGE ACT~~, ~~1955 Sec~~. 21		'''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.

	~~       ~~ (2) The statements contained in every petition under this Act shall be verified by the petitioner or some other competent person in the manner required by law for the verification of plaints, and may, at the hearing, be referred to as evidence		'''21A. Power to transfer petitions in certain cases.'''- (1)Where—

	~~        '''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.~~		a) a petition under this Act has been presented to a District Court having jurisdiction by a party to a marriage praying for a decree for a judicial separation under Section 10 or for a decree of divorce under Section 13; and

	~~            '''[21A. Power~~ to ~~transfer petitions~~ in ~~certain cases.'''- (1)Where—~~		(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,

	~~                a~~) a petition under this Act has been presented to a District Court having jurisdiction by a party to a marriage praying for a decree for a judicial separation under Section 10 or for a decree of divorce under Section 13; and		the petitions shall be dealt with as specified in sub-section (2).

	~~               ~~ (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,		(2) In a case where sub-section (1) applies,-

	~~       ~~ the petitions shall be ~~dealt with as specified in sub-section (2).~~		(a) if the petitions are presented to the same District Court, both the petitions shall be tried and heard together by that District Court;

	~~       ~~ (2) ~~In a case where sub-section (1) applies~~,-		(b) if the petitions 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.

	~~           ~~ (a) if the ~~petitions are presented~~ to the ~~same~~ District Court, ~~both~~ the ~~petitions shall be tried and heard together by that District Court;~~		(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, 1908 (5 of 1908), to transfer any suit or proceeding from the 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.

	~~           ~~ (b) if the ~~petitions 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~~.		'''21B. Special provision relating to trial and disposal of petitions under the Act.'''— (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.

	~~        (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, 1908 (5~~ of ~~1908), to transfer any suit or proceeding from the 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~~.		(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.

	~~        '''21B. Special provision relating to trial and disposal of petitions under the Act.'''—~~ (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~~.		(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.

	~~        (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~~.		'''21C. 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.

	~~       ~~ (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~~.		'''22. Proceedings to be in camera and may not be printed or published'''.– (1) Every proceeding under this Act shall be conducted in camera and it shall not be lawful for any person to print or publish any matter in relation to any such proceeding except a judgment of the High Court or of the Supreme Court printed or published with the previous permission of the Court.

	'''21C. 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.]		{{Approved}}

	'''22. Proceedings to be in camera and may not be printed or published'''.– (1) Every proceeding under this Act shall be conducted in camera and it shall not be lawful for any person to print or publish any matter in relation to any such proceeding except a judgment of the High Court or of the Supreme Court printed or published with the previous permission of the Court.

	{{~~review~~}}

ManojP at 07:49, 25 January 2019

2019-01-25T07:49:11Z

← Older revision		Revision as of 07:49, 25 January 2019
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	'''[21A. Power to transfer petitions in certain cases.'''- (1)Where—		'''[21A. Power to transfer petitions in certain cases.'''- (1)Where—


	a) a petition under this Act has been presented to a District Court having jurisdiction by a party to a marriage praying for a decree for a judicial separation under Section 10 or for a decree of divorce under Section 13; and		a) a petition under this Act has been presented to a District Court having jurisdiction by a party to a marriage praying for a decree for a judicial separation under Section 10 or for a decree of divorce under Section 13; and

ManojP at 07:48, 25 January 2019

2019-01-25T07:48:28Z

← Older revision		Revision as of 07:48, 25 January 2019
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	190 THE HINDU MARRIAGE ACT, 1955 Sec. 21		190 THE HINDU MARRIAGE ACT, 1955 Sec. 21

	(2) The statements contained in every petition under this Act shall be verified by the petitioner or some other competent person in the manner required by law for the verification of plaints, and may, at the hearing, be referred to as evidence		(2) The statements contained in every petition under this Act shall be verified by the petitioner or some other competent person in the manner required by law for the verification of plaints, and may, at the hearing, be referred to as evidence

	'''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.		'''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.

	'''[21A. Power to transfer petitions in certain cases.'''- (1)Where—		'''[21A. Power to transfer petitions in certain cases.'''- (1)Where—
	(a) a petition under this Act has been presented to a District Court having jurisdiction by a party to a marriage praying for a decree for a judicial separation under Section 10 or for 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) a petition under this Act has been presented to a District Court having jurisdiction by a party to a marriage praying for a decree for a judicial separation under Section 10 or for a decree of divorce under Section 13; and

	(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) 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,

	~~(b) if~~ the petitions ~~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~~.		the petitions shall be dealt with as specified in sub-section (2).

	(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, 1908 (5 of 1908), to transfer any suit or proceeding from the 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.		(2) In a case where sub-section (1) applies,-

	~~'''21B. Special provision relating to trial and disposal of petitions under the Act.'''—~~ (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.~~		(a) if the petitions are presented to the same District Court, both the petitions shall be tried and heard together by that District Court;

	(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~~.		(b) if the petitions 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) ~~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~~.		(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, 1908 (5 of 1908), to transfer any suit or proceeding from the 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.

	'''~~21C~~. ~~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~~.]		'''21B. Special provision relating to trial and disposal of petitions under the Act.'''— (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.

	~~'''22. Proceedings to be in camera and may not be printed or published'''.–~~ (1) Every ~~proceeding~~ under this Act shall be ~~conducted in camera~~ and it shall ~~not~~ be ~~lawful for any person~~ to ~~print or publish any matter in relation to any such proceeding except a judgment~~ of ~~the High Court or~~ of the ~~Supreme Court printed or published with the previous permission of~~ the ~~Court~~.		(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.

	{{~~create~~}}		(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.

			'''21C. 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.]

			'''22. Proceedings to be in camera and may not be printed or published'''.– (1) Every proceeding under this Act shall be conducted in camera and it shall not be lawful for any person to print or publish any matter in relation to any such proceeding except a judgment of the High Court or of the Supreme Court printed or published with the previous permission of the Court.

			{{review}}

SajeeshRajS: ' 190 THE HINDU MARRIAGE ACT, 1955...' താൾ സൃഷ്ടിച്ചിരിക്കുന്നു

2018-02-01T09:17:01Z

' 190 THE HINDU MARRIAGE ACT, 1955...' താൾ സൃഷ്ടിച്ചിരിക്കുന്നു

New page

190 THE HINDU MARRIAGE ACT, 1955 Sec. 21

(2) The statements contained in every petition under this Act shall be verified by the petitioner or some other competent person in the manner required by law for the verification of plaints, and may, at the hearing, be referred to as evidence

'''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.

'''[21A. Power to transfer petitions in certain cases.'''- (1)Where—
(a) a petition under this Act has been presented to a District Court having jurisdiction by a party to a marriage praying for a decree for a judicial separation under Section 10 or for 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 petitions 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, 1908 (5 of 1908), to transfer any suit or proceeding from the 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.

'''21B. Special provision relating to trial and disposal of petitions under the Act.'''— (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.

'''21C. 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.]

'''22. Proceedings to be in camera and may not be printed or published'''.– (1) Every proceeding under this Act shall be conducted in camera and it shall not be lawful for any person to print or publish any matter in relation to any such proceeding except a judgment of the High Court or of the Supreme Court printed or published with the previous permission of the Court.

{{create}}