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Section 11: Service of copy of application for and order granting leave on the respondents and procedure after service

The High Court of Jharkhand Hindu Marriage Rules, 2017State Rules of Jharkhand · 1955

(1) When the Court grants leave under the preceding rule a copy of the application for leave and order granting leave shall be served on each respondents along with the notice of the petition for divorce.

(2)(a) When the respondent desires to contest the petition for divorce on the ground that leave for filing the petition has been erroneously granted or improperly obtained, he or she shall set forth in his or her written statement the grounds with particulars on which the grant of leave is sought to be contested;

(b) The Court may. if it so deems fit, frame, try and decide the issue as to the property to leave granted as a preliminary issue;

(c) The Court may, at the instance of either party, order the attendance for examination or cross-examination of any deponent in the application for leave under the preceding rule.

12. Every petition made under the Act shall be accompanied by a certified copy of the certificate from the Hindu Marriage Registrar, if any, prescribed by the State Government about the solemnisation of the marriage under the Act. A petition for divorce on any of the grounds mentioned in clauses (viii) and (ix) of sub-section (1) of Section 13 of the Act shall be accompanied by a certified copy of a decree for judicial separation or for restitution of conjugal rights, as the case may be.

13. When a petition is presented, the Chief Ministerial Officer of the Court shall assign a distinctive number to the petition and all subsequent proceeding on the petition shall bear that number.

14. Along with the petition, the petitioner shall furnish a copy thereof for service on the respondent and if co-respondent is impleaded, an additional copy for service on him, together with the fee prescribed under the Court-fees Act for service of notices.

15. (i) Notice of the petition shall be in Form No. II given in the schedule to these rules for settlement of issue and shall require the respondent and the co-respondent, if one is named in the petition to enter appearance in person or by pleader, and file a written statement not less than seven days before the day fixed in the notice.

(ii) The notice together with a copy of the petition shall be served on the respondent and the co-respondent, if named, in the manner prescribed in Order V of the Code Of Civil Procedure not less than 21 days before the day appointed therein:

Provided that the Court may dispense with such service altogether in case it seems necessary or expedient so to do.

Where this provision sits

ActThe High Court of Jharkhand Hindu Marriage Rules, 2017
Section11
Marginal noteService of copy of application for and order granting leave on the respondents and procedure after service
JurisdictionState of Jharkhand
StatusIn force as published by the source

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