Gujarat High Court Civil Manual (subordinate court practice), 1960
(1) These Rules may be called the Special Marriage Rules, 1954. (ii) The Rules shall come into force on the 1st January 1955. (2) Definitions.— (i) "Act" means the Special Marriage Act, 1954 (Act XLIII of 1954). (ii) "Code" means the Code of Civil Procedure, 1908. (iii) "Court" means the District Court or the City Civil Court, as the case may be. (3) Petition.— (a) Every petition made under the Act shall be accompanied by a certified copy of the certificate from the Marriage Certificate Book about the solemnisation of the marriage under the Act. (b) A petition for divorce on any of the grounds mentioned in clause (i) and (ii) of section 27 of the Act shall be accompanied by a certified copy of the decree for judicial separation or for restitution of conjugal rights as the case may be. (4) Contents of Petitions.—In addition to the particulars required to be given under Order VII, rule 1, of the Civil Procedure Code, every petition for judicial separation, nullity of marriage and divorce shall contain the following particulars:— (a) The place and date of marriage; (b) The name, status and domicile of the wife and husband before the age; (c) The principal, permanent addressee where the parties cohabited including the address they last resided together; (d) Whether there is living any issue of the marriage and, if so, the names and dates or birth, or ages of such issues— (i) In every petition presented by a husband for divorce or judicial separation, on the ground that, his wife has committed adultery with any person or persons the petitioner shall state the name, occupation and place of residence of such person or persons so far as they can be ascertained; (ii) In every petition presented by a wife for divorce or judicial separation, on the ground that her husband has committed adultery with any woman, or women, the petitioner shall state the name, occupation and place of residence of such woman or women, so far as they can be ascertained; (e) Whether there have been in any Court in India, and if so, what previous proceedings with reference to the marriage by or on behalf of either of the parties and the result of such proceedings; (f) The matrimonial offences charged set out in separate paragraphs with the time and places of their alleged commission; (g) The claims for damages, if any, with particulars; (h) If the petition is one for a decree of dissolution of marriage, or of nullity or annulment of marriage or for judicial separation, it shall further state that there is no collusion or connivance between the petitioner and the other parties to the marriage or alleged marriage; (i) The relief or reliefs prayed for. the Court; and no petition presented by a minor under the Act shall be filed until the next friend has undertaken in writing to be answerable for costs. Such undertaking 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. (ii) The next friend shall file an affidavit along with the petition which shall state the age of the minor, that the next friend has no adverse interest to that of the minor and that the next friend is otherwise a fit and proper person to act as such. (iii) The Court may on considering the affidavit and such other material as it may require, record its approval to the representation of the minor by the next friend or pass such other orders as it may deem fit. (b) Where the written statement of the Respondent alleges adultery by the petitioner with a named male person a certified copy of such statement or such material portion thereof containing such allegation shall be served on such person, accompanied by a notice that such person is entitled within the time therein specified to apply for leave to intervene in the cause.