Hindu Marriage Act Section 21: Application of Act 5 of 1908
Code:
“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.”
Explanation:
This section essentially incorporates the provisions of the Code of Civil Procedure, 1908 (CPC) into the proceedings under the Hindu Marriage Act, 1955.
It signifies that the procedures laid down in the CPC will be followed for matters related to Hindu marriages, with some modifications and adjustments based on the specific provisions of the Hindu Marriage Act.
Illustration:
For example, if a Hindu couple files a petition for divorce under the Hindu Marriage Act, the court proceedings will largely follow the procedures outlined in the CPC, such as:
- Filing of pleadings (petition, counter-petition, etc.)
- Issuance of summons and service of notices
- Taking of evidence (oral and documentary)
- Arguments and judgments
- Appeals and revisions
Common Questions and Answers:
Q: Does this mean that all aspects of the Hindu Marriage Act are governed by the CPC?
A: No. The CPC applies as far as possible and consistent with the provisions of the Hindu Marriage Act. The Act has its own specific provisions for various aspects of marriage, such as grounds for divorce, maintenance, and custody of children.
Q: What if there’s a conflict between the CPC and the Hindu Marriage Act?
A: The provisions of the Hindu Marriage Act will prevail in case of any conflict with the CPC. The CPC is applied only to the extent it doesn’t clash with the Hindu Marriage Act.
