Section 41 of SMA : Section 41: Power Of High Court To Make Rules Regulating Procedure

Explanation using Example

Imagine a scenario where a woman named Priya is seeking a divorce from her husband Arjun on the grounds of adultery. Priya has evidence that Arjun has been unfaithful to her with another woman, named Neha. Under Section 41 of The Special Marriage Act, 1954, the High Court has established rules that Priya needs to follow to file her petition for divorce.

Priya consults her lawyer who informs her about the rules set forth by the High Court, which are consistent with the Special Marriage Act and the Code of Civil Procedure. These rules dictate how Priya can implead Neha as a co-respondent in her divorce petition, since the divorce is being sought on the ground of adultery.

Additionally, Priya's lawyer explains that the rules may allow her to seek damages from Neha if she is successfully impleaded as a co-respondent. Moreover, the rules outline the proper form and content of the petition for divorce, including the costs that may be incurred during the process.

By following these High Court rules, Priya is able to submit a well-structured petition for divorce, which includes impleading Neha as a co-respondent and potentially seeking damages as allowed by the rules derived from Section 41 of the Special Marriage Act.