Advocate Sunil Nandal

Mobile No :8076048959 or+918800420067

Advt. Mohit Vashisht

Court Marriage in Haryana & Delhi

There is a set procedure to law for filing a petition or an application and before which Court or Forum or competent authority. Section 21 of Hindu Marriage Act provides that all proceedings under this Act shall be regulated as far as may be, by Code of Civil Procedure. In case High Court of the concerned State has framed rules pertaining to any matter under the Act, those rules shall come into application for regulating the procedure for disposal of petitions or applications under the Act.

Code of Civil Procedure, in brief known as C.P.C, is one of statutes which deals with practice and procedure as to how, where and by whom a petition is to be instituted; as to how it is to be decided; as to what are the remedies available to the unsuccessful and unsatisfied party to challenge the decision of the Trial Court and as to how the appeal or revision challenging the decision of Trial Court is to be decided; and also as to how the decision given by a Court is to be executed or got implemented.

This Code is divided into two parts. First part contains sections 1 to 158.

In the second part, there are Orders I to 51. Each Order contains rules framed thereunder.

After institution of a petition or filing of an application or petition, opposite party is summoned by the concerned Court so as to provide him an opportunity of being heard.

It is not that you are at liberty to file a petition or application at any point of time. Every petition or application or petition is to be filed within a specified period. Law of Limitation as available under the Limitation Act and some other special Acts, like Hindu Marriage Act guides as to when or as to during which period or up to which period one can institute a petition or application.

Under the Code, both the parties are provided with reasonable opportunity to lead ‘evidence. There is a procedure to lead evidence before the Court. Parties to the petition are called one by one or one after the other, to lead respective evidence in support of respective pleas. Evidence may be in the shape of statements or affidavits of the parties or their witnesses or in the shape of documents. Some documents are available with the parties. Others may be required to be summoned from different offices. It is not that a party can lead any kind of evidence. Every party has to show to the Court that the piece of evidence which he wants to bring on record is relevant for decision of the case. Law of Evidence as enshrined under the Evidence Act guides as to which piece of evidence is relevant and which is irrelevant. This Act also prescribes procedure as to how parties to the litigation are to lead evidence.