Section 40 of SMA : Section 40: Application Of Act 5 Of 1908

Explanation using Example

Imagine a couple, John and Priya, who have registered their marriage under the Special Marriage Act, 1954. A few years later, they decide to file for divorce due to irreconcilable differences. They approach the family court for the proceedings. As per Section 40 of The Special Marriage Act, 1954, their divorce proceedings will be conducted in a manner similar to the procedures outlined in the Code of Civil Procedure, 1908. This means the manner in which notices are served, evidence is collected, and hearings are conducted will follow the rules set out in the Code of Civil Procedure, ensuring that the legal process is orderly and standardized, subject to the specific provisions of the Special Marriage Act and any rules the High Court may have made concerning such proceedings.