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

Bare Act

(1) The High Court shall, by notification in the Official Gazette, make such rules consistent with the provisions contained in this Act and the Code of Civil Procedure, 1908 (5 of 1908), as it may consider expedient for the purpose of carrying into effect the provisions of Chapters V, VI and VII.

(2) In particular, and without prejudice to the generality of the foregoing provision, such rules shall provide for,

• (a) the impleading by the petitioner of the adulterer as a co-respondent on a petition for divorce on the ground of adultery, and the circumstances in which the petitioner may be excused from doing so;
• (b) the awarding of damages against any such co-respondent;
• (c) the intervention in any proceeding under Chapter V or Chapter VI by any person not already a party thereto;
• (d) the form and contents of petitions for nullity of marriage or for divorce and the payment of costs incurred by parties to such petitions; and
• (e) any other matter for which no provision or no sufficient provision is made in this Act, and for which provision is made in the Indian Divorce Act, 1869 (4 of 1869).

Simplified Act

(1) The High Court has the authority to create rules that are in line with this law and the Code of Civil Procedure from 1908. These rules are meant to help put into action the sections of this law that deal with marriage, divorce, and related issues.

(2) Specifically, these rules will include guidelines on the following topics:

• (a) How a person who files for divorce because of their spouse's adultery can also sue the person their spouse cheated with, and when they might not have to include that person in the lawsuit;
• (b) How to decide if the person sued alongside the spouse (the co-respondent) should...

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 a...