Gujarat High Court Civil Manual (subordinate court practice), 1960
(1) These Rules may be called the Hindu Marriage and Divorce Rules, 1955. (ii) These rules shall come into force on 1st December 1955. (2) Definitions.— (i) "Act" means the Hindu Marriage Act, 1955 (Act XXV of 1955). (ii) "Code" means the Code of Civil Procedure, 1908. (iii) "Court" means the Court mentioned in section 3 (b) of the Act. (3) Petition.— (a) Every petition under the Act shall be accompanied by certified extract from the Hindu Marriage Register maintained under section 8 of the Act or from the Register maintained under the Bombay Registration and Marriage Act (Bombay Act V of 1954), where the marriage has been registered under the Bombay Act or this Act. (b) Every petition for divorce on any of the grounds mentioned in clause (viii) or (ix) of sub-section (1) of section 13 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.— (i) In addition to the particulars required to be given under Order VII, rule 1 of the Civil Procedure Code and section 20 (1) of the Act, 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 and after the marriage. (c) The principal permanent address where the parties cohabited including the address where they last resided together. (d) Whether there is living any issue of the marriage and, if so, the names and dates of birth, or ages of such issues— (i) in every petition presented by a husband for divorce on the ground that his wife is living in adultery with any person or persons or for 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 on the ground that her husband is living in adultery with any woman or women or for 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 statement that there is no collusion between the petitioner and the other party to the marriage. (g) The matrimonial offence or offences charged, set out in separate paragraphs with the time and place of its or their alleged commission ; (h) Property mentioned in section 27 of the Act, if any ; (i) The relief or reliefs prayed for. (5) Necessary parties.— (a) In every petition for divorce or judicial separation on the ground that the Respondent is living in adultery or has committed adultery with any person, the petitioner shall make such person a co-respondent. The petitioner may, however apply to the Court by an application supported by an affidavit for leave to dispense with the joinder of such person as a co-respondent on any of the following grounds :— (i) that the name of such person is unknown to the petitioner although he has made due efforts for discovery ; (ii) that such person is dead ; (iii) that the respondent being the wife is leading a life of a prostitute and that the petitioner knows of no person with whom adultery has been committed ; (iv) for any other sufficient reason the Court may deem fit to consider. (b) In every petition under section 13 (2) (i) of the Act the petitioner shall make "the other wife" mentioned in that section a co-respondent. (c) In every petition under section 11 of the Act on the ground that the condition in section 5 (1) is contravened, the petitioner shall make the spouse alleged to be living at the time of the marriage a co-respondent. (iii) The evidence in such application may, unless the Court otherwise directs, be given by affidavit. (iv) When the Court grants leave, the petition shall be deemed to have been duly filed on the date of the said order. The petitioner within a week of the date of the said order shall file sufficient number of copies of application for leave and order of the Court thereon and of the petition for divorce for service upon the respondents in the petition.