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Section 3: Form of the proceeding

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

The following proceeding under the Act shall be initiated by original petitions :-

(i) Under Section 9 for restitution of conjugal rights;

(ii) Under sub-section (1) of Section 10 for judicial separation;

(iii) Under sub-section (2) of Section 10 for rescinding a decree for judicial separation; ;

...

(iv) Under Section 11 for declaring a marriage null and void;

(v) Under Section 12 for annulment of a marriage by a decree of nullity;

(vi) Under Section 13 for divorce;

(vii) Under Section 26 to make, revoke suspend or vary an order for provision regarding the custody, maintenance or education of minor children.

4. Every other proceeding, subsequent to the original petition mentioned in Rule 3, shall be initiated by an interlocutory application.

5. Every petition, application, affidavit, decree or order under this Act shall be headed by a cause title in Form No. 1 given in the schedule to these rules with such variation as may be necessary and shall be drawn up, so far as possible, in the forms prescribed in the schedule to the Indian Divorce Act, 1869 (4 of 1869).

6. When a husband or a wife is mentally ill or suffering from mental disorder, any petition under the Act other than a petition for restitution of conjugal rights may be brought on his or her behalf by the person entitled to his or her custody.

Where this provision sits

ActThe High Court of Jharkhand Hindu Marriage Rules, 2017
Section3
Marginal noteForm of the proceeding
JurisdictionState of Jharkhand
StatusIn force as published by the source

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