| 41. Power of High Court to make rules regulating
procedure. - (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 (Act V of 1908), as it may consider expedient for the purpose of carrying
into effect the provisions of Chapter V,VI and VII. (2) In particular, and without prejudice to the generality of the foregoing provision, such rules shall provide for,- (a) the imp leading 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 (IV of 1869). |