45. Code of Civil Procedure to apply.—Subject to the provisions herein contained, all
proceedings under this Act between party and party shall be regulated by the 1
[Code of Civil
Procedure, 1908 (5 of 1908)].
46. Forms of petitions and statements.—The forms set forth in the Schedule to this Act, with
such variation as the circumstances of each case require, may be used for the respective purposes
mentioned in such Schedule.
47. Petition to state absence of collusion.—Every petition under this Act for a decree of
dissolution of marriage, or of nullity of marriage, or of judicial separation 2*** shall 3*** state that
there is not any collusion or connivance between the petitioner and the other party to the marriage.
Statements to be verified.—The statements contained in every petition under this Act shall be
verified by the petitioner or some other competent person in manner required by law for the
verification of plaints, and may at the hearing be referred to as evidence.
48. Suits on behalf of lunatics.—When the husband or wife is a lunatic or idiot, any suit under
this Act (other than a suit for restitution of conjugal rights) may be brought on his or her behalf by the
committee or other person entitled to his or her custody.
49. Suits by minors.—Where the petitioner is a minor, he or she shall sue by his or her next friend
to be approved by the Court; and no petition presented by a minor under this Act shall be filed until
the next friend has undertaken in writing to be answerable for costs.
Such undertaking 4*** shall be filed in Court, and the next friend shall thereupon be liable in the same
manner and to the same extent as if he were a plaintiff in an ordinary suit.
50. Service of petition.—Every petition under this Act shall be served on the party to be affected
thereby, either within or without 5
[India], in such manner as the High Court by general or special
order from time to time directs.
Provided that the court may dispense with such service altogether in case it seems necessary or
expedient so to do.
51. Mode of taking evidence.—The witnesses in all proceedings before the court, where their
attendance can be had, shall be examined orally, and any party may offer himself or herself as a
witness, and shall be examined, and may be cross-examined and re-examined, like any other witness:
Provided that the parties shall be at liberty to verify their respective cases in whole or in part by
affidavit, but so that the deponent in every such affidavit shall, on the application of the opposite
party, or by direction of the Court, be subject to be cross-examined by or on behalf of the opposite
party orally, and after such cross-examination may be re-examined orally as aforesaid by or on behalf
of the party by whom such affidavit was filed.
52. Competence of husband and wife to give evidence as to cruelty or desertion.—On any
petition presented, 6
[by a husband or a wife, praying that his or her marriage may be dissolved by
reason of his wife or her husband, as the case may be, having been guilty of adultery, cruelty or
desertion], the husband and wife respectively shall be competent and compellable to give evidence of
or relating to such cruelty or desertion.
1. Subs. by Act 51 of 2001, s. 27, for “Code of Civil Procedure” (w.e.f. 3-10-2001).
2. The Words “or of reversal of judicial separation, or for restitution of conjugal rights, or for damages, shall bear a stamp of
five rupees, and” rep. by Act 7 of 1870, s. 2 and the Schedule III.
3. The words “in the first, second and third cases mentioned in this section,” rep. by Act 7 of 1870, s. 2 and the Schedule III.
4. The words “shall bear a stamp of eight annas and” rep. by Act 7 of 1870, s. 2 and the Schedule III.
5. Subs. by the A.O. 1950, for the Provinces, which had been substituted by the A.O. 1948, for “British India”.
6. Subs. by Act 51 of 2001, s. 28, for certain words (w.e.f 3-10-2001).
15
53. Power to close doors.—The whole or any part of any proceeding under this Act may be heard,
if the Court thinks fit, with closed doors.
54. Power to adjourn.—The Court may, from time to time, adjourn the hearing of any petition
under this Act, and may require further evidence thereon if it sees fit so to do.
55. Enforcement of, and appeal from, orders and decree.—All decrees and orders made by the
Court in any suit or proceedings under this Act shall be enforced and may be appealed from, in the
like manner as the decrees and orders of the Court made in the exercise of its original civil jurisdiction
are enforced and may be appealed from, under the laws, rules and orders for the time being in force:
1* * * * *
No appeal as to costs. —2
[Provided] that there shall be no appeal on the subject of costs only.
56. Appeal to the Supreme Court.—Any person may appeal to 3
[the Supreme Court] from any
decree (other than a decree nisi) or order under this Act of a High Court made on appeal or otherwise,
and from any decree (other than a decree nisi) or order made in the exercise of original jurisdiction by
Judges of a High Court or of any Division Court from which an appeal shall not lie to the High Court,
when the High Court declares that the case is a fit one for appeal to 3
[the Supreme Court]