Section 21 HMA: Application of Act 5 of 1908

Hindu Marriage Act, 1955

Section 21 HMA at a Glance

Section 21 HMA applies the Code of Civil Procedure, 1908 to regulate all proceedings under the Hindu Marriage Act, 1955, as far as may be. Specific provisions of the HMA and High Court rules made in this behalf take priority.

Section 21 HMA Bare Act Text

21. Application of Act 5 of 1908.

Subject to the other provisions contained in this Act and to such rules as the High Court may make in this behalf, all proceedings under this Act shall be regulated, as far as may be, by the Code of Civil Procedure 1908.

Section 21 HMA in Simple Words

Section 21 HMA makes the Code of Civil Procedure, 1908 (Act 5 of 1908, the statute governing civil court procedure) applicable to regulate all proceedings under the Hindu Marriage Act, 1955, as far as may be. Rather than repeating an entire procedural code inside the Hindu Marriage Act, 1955, Section 21 HMA directs courts handling matrimonial proceedings under the Act to follow the Code of Civil Procedure, 1908 to the extent that its rules fit the proceeding.

Section 21 HMA places two express limits on the application of the Code of Civil Procedure, 1908. First, the Code applies subject to the other provisions contained in the Hindu Marriage Act, 1955, such as Section 19 HMA on territorial jurisdiction, Section 20 HMA on petition contents and verification, Section 21A HMA on transfer of petitions, and Section 21B HMA on expeditious trial and appeals. Second, the Code applies subject to such rules as the High Court may make in this behalf for proceedings under the Hindu Marriage Act, 1955.

When Section 21 HMA Applies

  • All proceedings under the Hindu Marriage Act, 1955 are regulated, as far as may be, by the Code of Civil Procedure, 1908 (Act 5 of 1908).
  • The Code of Civil Procedure, 1908 applies subject to the other provisions contained in the Hindu Marriage Act, 1955.
  • The Code of Civil Procedure, 1908 also applies subject to such rules as the High Court may make in this behalf.

Example of Section 21 HMA

Aparna presents a petition for divorce under Section 13 HMA against Vikram in the district court. Where the Hindu Marriage Act, 1955 sets a specific procedural rule, such as verifying the petition under Section 20 HMA or trying the petition expeditiously under Section 21B HMA, the district court follows that rule, along with any rules made by the High Court in this behalf. On procedural steps not separately provided for in the Hindu Marriage Act, 1955 or High Court rules, Section 21 HMA directs the district court to regulate the proceeding, as far as may be, under the Code of Civil Procedure, 1908.

When Section 21 HMA Does Not Apply

  • Where another provision of the Hindu Marriage Act, 1955 sets a specific rule for a proceeding, Section 21 HMA makes the Code of Civil Procedure, 1908 subject to that provision of the Act.
  • Where the High Court has made rules in this behalf for proceedings under the Hindu Marriage Act, 1955, Section 21 HMA makes the Code of Civil Procedure, 1908 subject to those High Court rules.

FAQs on Section 21 HMA

What is Section 21 HMA?▼

Section 21 HMA states that all proceedings under the Hindu Marriage Act, 1955 are regulated, as far as may be, by the Code of Civil Procedure, 1908 (Act 5 of 1908). That application is subject to the other provisions of the Hindu Marriage Act, 1955 and to rules that the High Court may make in this behalf.

What is Act 5 of 1908 named in the heading of Section 21 HMA?▼

The Code of Civil Procedure, 1908. Section 21 HMA applies the Code of Civil Procedure, 1908 to regulate civil procedure in proceedings under the Hindu Marriage Act, 1955, as far as may be.

Which rule applies if a provision of the HMA differs from the Code of Civil Procedure, 1908?▼

The provision of the Hindu Marriage Act, 1955 applies. Section 21 HMA expressly makes the Code of Civil Procedure, 1908 subject to the other provisions contained in the Hindu Marriage Act, 1955.

Can High Court rules override the Code of Civil Procedure, 1908 in HMA proceedings?▼

Yes. Under Section 21 HMA, the Code of Civil Procedure, 1908 regulates proceedings under the Act subject to such rules as the High Court may make in this behalf.

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Disclaimer: This is for informational purposes only. Always consult a qualified advocate for legal advice.

Sources: Bare Act Text, Hindu Marriage Act, 1955 ·