[ Dear Friends, I have written a letter to all the MP's representing Punjab in the Lok Sabha and the Rajya Sabha.The purpose is to request them to advocate comprehensive Sikh Marriage Act in the parliament (copy is reproduced). I have also written a letter to Ms. Sonia Gandhi with the same purpose in view. A draft comprehensive Sikh Marriage Act. has been enclosed with the letters (Copy reproduced here). It
is necessary that those who can, must write to our MP's and other
leaders requesting them to enact a comprehensive full fledged, proper
Act. - Regards, Gurtej Singh]
From: Gurtej Singh,
Urgent for Legislative purposes
To: The Honourable
…………………..
Member Lok Sabha
…………………..
Member Lok Sabha
From: Gurtej Singh,
742, Sector 8,
Chandigarh
(094178-71742)
April 28, 2012
April 28, 2012
Subject: Suggestions
regarding the Sikh Marriage Act under active consideration of the parliament
Dear
One is generally aware that a Sikh
Marriage Act is under consideration of the parliament. The shape, scope and
content of the proposal is a mystery, as contrary to general practice nothing
about it has been made public officially. It was suspected from certain hints
appearing in the Media that a provision for registration alone was to be added
to the skeletal Anand Marriage Act of 1909. This matter was widely debated in
the visual and print media and the general opinion that emerged from the
exercise was that the resultant product would be grossly inadequate. In that
form it would serve almost no purpose expected of the legislation by the Sikhs
since 1955.
The Sikhs are a distinct people
representing a distinguishable culture. They expect the country’s parliament to
enact a personal law for them that would reflect the ground reality.
Last evening at about 5 PM, I received a call from Sardar Tarlochan
Singh ex-MP. It became known that he was the prime mover of the proposed
legislation and the worst fears that it is severely limited in scope came to be
known. As feared the proposal merely aims at adding a provision for registration.
Sardar Tarlochan Singh revealed that he
has consulted certain persons before framing the proposal. It was found that
the persons consulted by him had no knowledge of law or the Sikh culture but
were peripheral or nominated members of certain management committees and
institutions, notoriously ill-equipped to give opinion on such matters.
I wish to bring it to your kind notice
that this is grossly inadequate and will not afford any material or
psychological comfort to the Sikh people. A marriage law needs to define the
ceremony, the parties thereto and has to provide for other situations related
to the institution of marriage. A more comprehensive law is necessary.
In December 2007, an exercise was done to
draft a model Sikh Marriage Bill. It has been closely scrutinised by some of
the well known legal luminaries and has been approved by them
unreservedly. I
have the honour to send a draft of the comprehensive proposal for your
consideration and approval. If desired it may be circulated for wider
consultation. I am certain each MP moves in a circle of well informed jurists
who will be in a position to give opinion on the draft Bill. Since all our MPs
are so well informed on matters pertaining to Sikh culture and customs, they will
be able to make choices that represent the general will of the Sikh people.
The proposed bill is just a draft. It may
kindly be used with or without amendments to augment the proposal pending
before the parliament for consideration. If used thus it may go a long way in
transforming the exercise in futility that is about to be undertaken, into a
worthwhile venture.
I dare to encroach on your valuable time
in the fond belief that this communication may help you in some slight degree
to perform your duties to the people of the country a wee bit better.
Yours sincerely,
(Gurtej Singh)
Urgent for Legislative purposes
To:
The Houourable
Ms Sonia Gandhi MP
Chairperson, United Progressive Alliance
Ms Sonia Gandhi MP
Chairperson, United Progressive Alliance
10, Janpath, New Delhi-110001.
From: Gurtej Singh
742, Sector 8
Chandigarh.
(094178-71742)
(094178-71742)
April 28, 2012
Subject: Suggestions regarding the Sikh Marriage Act under active consideration
of the parliament.
Dear
I am the aam admi – who fits perfectly into the
mould envisaged by your government. I am flattered by the attention that your
government pays to inconsequential people like me. It is this consideration
that emboldens me to write to you.
I have serious
misgivings about the kind of Anand Marriage Act that is being crafted by the
government under the leadership of your party. I believe that a mere amendment
providing for registration will not turn the century old Act into an instrument capable of coping with the needs
of modern day living. A full fledged Act comprising of rules regulating the
different aspects of married life will be necessary.
In December 2007, an
attempt was made to prepare a comprehensive Sikh Marriage Act. The resultant
document was shown to several prominent legal persons. They found it in order.
It is enclosed herewith (as Appendix A). I write with the faith that it will
receive adequate attention from your party and if found to be in order, it will
be incorporated into the present Act to the extent possible.
The gift of Sikh
Marriage Act that your party plans to give to the people must become workable
and must not remain a dead letter.
In this connection I
have written a letter to some MPs from the Punjab,
I am enclosing the format (Appendix B) for your information and in elaboration
of the above.
Yours sincerely,
(Gurtej Singh)
THE SIKH MARRIAGE ACT, 2012
An Act to amend, enact
and codify the Law relating to Marriage among the Sikhs.
1. Short Title, Extent and Commencement:-
(i) This
Act may be called the Sikh Marriage Act, 2012.
(ii) It extends
to the Union of India.
(iii) It
shall come into force at once.
2. Application of the Act:-
This Act applies to any person who is a SIKH by religion.
3. Definitions:-
For the purpose of this Act
(a)
The
expression “SIKH” means a person who believes in Akalpurakh (One Eternal Being), the ten Gurus from Guru Nanak to
Guru Gobind Singh, accepts Guru Granth Sahib as the Eternal Guru and does not
subscribe to any other religion.
EXPLANATION:- The following persons are SIKHS:-
(i)
Any
child legitimate or illegitimate, both of whose parents are Sikhs by religion;
(ii) Any child legitimate or illegitimate who is
brought up as a Sikh and one of whose parents is a Sikh.
(b) “Anand Karaj Ceremony” means a marriage
ceremony solemnized by at least two Sikhs between the consenting couple in the
presence of Guru Granth Sahib. The “Anand Karaj Ceremony” shall be deemed to
have been completed when the four “lawan”
revealed by the fourth Guru in Rag Suhi are recited and the “Ardas” is performed.
(c) the expression "custom" and "usage" signify any rule
which having been continuously and uniformly observed for a long time, has
obtained the force of law among Sikhs in any local area, tribe, community,
group or family:
Provided that the rule is certain and not unreasonable or opposed to
basic tenets of the Sikh faith; and
Provided further that in the case of a rule applicable only to a family,
it has not been discontinued by the family;
Explanation:- The burden to prove the custom or usage will
be upon the person who alleges the custom or usage.
(d) "District Court" means, court
of District Judge and includes Additional District Judge, or any other civil
court which may be specified by the Union or
State Government, by notification in the Official Gazette, as having
jurisdiction in respect of matters dealt with in this Act;
(e) "full blood” and "half blood"- two
persons are said to be related to each other by full blood when they are
descended from a common ancestor by the same wife and by half blood when they
are descended from a common ancestor but by different wives;
(f) "uterine blood" - two persons are said to be related
to each other by uterine blood when they are descended from a common ancestress
but by different husbands.
Explanation.- In Clauses (e) and (f)
"ancestor" includes the father and "ancestress" the mother;
(g) "prescribed"
means prescribed by rules made under this Act;
(h) “parties” means “bridegroom and the bride” or the “husband and
the wife”, as the case may be.
(i) "degrees of prohibited relationship " - two persons
are said to be within the "degrees of prohibited relationship"-
(i) if one is a lineal ascendant of the other; or
(ii) if one was the wife or husband of a lineal
ascendant or descendant of the other; or
(iii) if one was the wife of the father’s or
mother’s brother or of the grandfather's or grandmother's brother of the other;
or
(iv) if the two are brother and sister, uncle and niece, aunt and
nephew, or children of brother and sister or of two brothers or of two sisters.
Explanation- for the purposes of clause (i) relationship includes:-
(i) relationship by half or uterine blood as well as by full blood;
(ii) illegitimate blood relationship as well as
legitimate;
(iii) relationship by adoption as well as by
blood; and all terms of relationship in those clauses shall be construed
accordingly.
4. Overriding effect of this Act:- Save as otherwise expressly provided in
this Act.-
(a) any text, rule or interpretation of law with respect to Sikhs or
any custom or usage as part of that law in force immediately before the commencement
of this Act, shall cease to have effect with respect to any matter for which
provision is made in this Act;
(b) any other law in force immediately before the commencement of
this Act shall cease to have effect in so far as it is inconsistent with any of
the provisions contained in this Act.
Sikh Marriage
5. Conditions for a Sikh Marriage:- A Sikh marriage shall be solemnized by
Anand Karaj between a male and a female who are Sikhs if the following
conditions are fulfilled, namely:
(i) neither party has a spouse
living at the time of the marriage;
(ii) at the time of the
marriage neither party is of unsound mind;
(iii) the
bridegroom has completed the age of twenty-one years and the bride the age of
eighteen years at the time of the marriage;
(iv) the parties are not within the degrees of
prohibited relationship unless the custom or usage governing each of them
permits of a marriage between the two;
6. Registration
of Sikh Marriages:-
(1) The registration of a Sikh Marriage shall be compulsory.
(2) The Union
or State Government shall appoint a Registrar of Sikh Marriages in each revenue
district and a Sub-registrar at the tehsil level and also such other officer
for this purpose as required.
(3) Parties to the Sikh Marriage shall get the
particulars relating to their marriage entered in such manner and subject to
such condition as may be prescribed, in a Sikh Marriage Register kept for the
purpose, within six months of the solemnisation of the marriage and the failure
to do so will be punishable with a fine which may extend to five hundred
rupees.
(4) The Sikh Marriage Register shall at all reasonable times be open
for inspection and shall be admissible as evidence of the statements contained
therein and certified extracts there from shall, on application, be given free
of cost by the Registrar, the Sub-registrar or any other officer prescribed for
this purpose.
(5) Notwithstanding anything contained in this
section, the validity of any Sikh marriage, for the purpose of this Act, shall
in no way be affected by the omission to register the marriage.
Restitution of Conjugal Rights And Judicial Separation
7. Restitution of conjugal rights:- When either the husband or the wife
has, without reasonable excuse, withdrawn from the society of the other, the
aggrieved party may apply, by petition to the district court, for restitution
of conjugal rights and the court, on being satisfied of the truth of the
statements made in such petition and that there is no legal ground why the
application should not be granted, may pass decree of restitution of conjugal
rights accordingly.
Explanation- Where a question arises
whether there has been reasonable excuse for withdrawal from the society, the
burden of proving reasonable excuse shall be on the person who has withdrawn
from the society.
8. Judicial Separation:-
(1) Either party to a marriage,
whether solemnized before or after the commencement of this Act, may present a petition praying for a decree
for judicial separation on any of the grounds specified in sub-section (1) of
section 11, and in the case of a wife also on any of the grounds specified in
sub-section (2) thereof, as grounds on which a petition for divorce might have
been presented.
(2) Where a decree for judicial separation has been passed, it shall no
longer be obligatory for the petitioner to cohabit with the respondent, but the
court may, on the application by petition of either party and on being
satisfied of the truth of the statements made in such petition, rescind the
decree if it considers it just and reasonable to do so.
Nullity of Marriage and Divorce
9. Void marriages:- Any Sikh marriage solemnized after the
commencement of this Act shall be null and void and may, on a petition
presented by either party thereto, against the other party be so declared by a
decree of nullity if it contravenes any one of the conditions specified in
clauses (i)and (iv), of Section 5.
Provided, that wherein,
the marriage is null and void due to contravention of condition specified in
clause (i) of Section 5, the legally wedded husband or wife, either of whom is
not a party to the contravention of the above mentioned condition, shall also
be entitled to present a petition under this section.
10. Voidable
Marriages:-
(1) Any Sikh marriage solemnized, whether before or after the
commencement of this Act, shall be voidable and may be annulled by a decree of
nullity on any of the following grounds, namely:-
(a) that the marriage has not been consummated owing to the
impotency of the respondent; or
(b) that the marriage is in contravention of the condition specified
in clause (ii) of Section 5; or
(c) that the consent of the petitioner for marriage was obtained by
force or by fraud as to the nature of the ceremony or as to any material fact
or circumstance concerning the respondent; or
(d) that the respondent was at the time of the marriage pregnant by
some person other then the petitioner;
(2) Notwithstanding
anything contained in sub-section (1), no petition for annulling a marriage on
the ground specified in clause (c) of sub-section (1) shall be entertained if-
(i) the petition is presented more than one year after the force had
ceased to operate or, as the case may be, the fraud had been discovered ; or
(ii) the petitioner has, with his or her full consent, lived with the
other party to the marriage as husband or wife after the force had ceased to
operate or, as the case may be, the fraud had been discovered.
11. Divorce:-
(1) Any Sikh marriage solemnized, whether before or after the commencement
of the Act, may, on a petition presented by either the husband or the wife, be
dissolved by a decree of divorce on the ground that the other party:-
(i) has, after the solemnization of the marriage contracted another
marriage or has had voluntary sexual intercourse with any person other than his
or her spouse; or
(ii) has, after the solemnization of the
marriage, treated the petitioner with cruelty; or
(iii) has deserted the petitioner for a continuous
period of not less than two years immediately preceding the presentation of the
petition; or
Explanation – In this
sub-section the expression "desertion" means the desertion of the
petitioner by the other party to the marriage without reasonable cause and
without the consent or against the wish of such party, and includes the wilful
neglect of the petitioner by the other party to the marriage, and its
grammatical variations and cognate expression shall be construed accordingly.
(iv) has ceased to be a Sikh by conversion to
another religion; or
(v)
has
been incurably of unsound mind, or has been suffering continuously or
intermittently from mental disorder of such a kind and to such an extent that
the petitioner cannot reasonably be expected to live with the respondent.
Explanation - In this clause,
(a) the expression "mental disorder"
means mental illness, arrested or incomplete development of mind, psychopathic
disorder or any other disorder or disability of mind and includes
schizophrenia;
(b) the expression "psychopathic
disorder" means a persistent disorder or disability of mind (whether or
not including sub-normality of intelligence) which results in abnormally
aggressive or seriously irresponsible conduct on the part of the other party,
and whether or not it require or is susceptible to medical treatment; or
(vi) has
been suffering from a virulent and incurable form of leprosy; or
(vii) has been suffering from AIDS or any venereal
disease of a communicable nature; or
(viii) has not been heard of as being alive
for a period of seven years or more by those persons who would naturally have
heard of it, had that party been alive;
(ix) has been finally convicted and sentenced to imprisonment for a
period of seven years or more;
(2) A Sikh marriage, whether solemnized before or after the
commencement of this Act, may also be dissolved on presentation of a petition
in this regard by the party in whose favour a decree of restitution of conjugal
rights has been passed on the ground:-
(i) that there has
been no resumption of cohabitation as between the parties to the marriage for a
period of one year or upwards after the passing of a decree for judicial
separation in a proceeding to which they were parties; or
(ii) that there has been no restitution of
conjugal rights as between the parties to the marriage for a period of one year
or upward after the passing of a decree of restitution of conjugal rights in a
proceeding to which they were parties.
(3) A
wife may also present a petition for the dissolution of her marriage by a
decree of divorce on the ground-
(i) that
the husband has, since the solemnization of the marriage, been guilty of rape,
sodomy or bestiality; or
(ii) that in a suit or any proceedings for
maintenance, a decree or order, as the case may be, has been passed against the
husband awarding maintenance to the wife notwithstanding that she was living
apart and that since the passing of such decree or order, cohabitation between
the parties has not been resumed for one year or more.
12. Divorce by mutual consent:-
(1) Subject to the provisions of this Act a petition for dissolution
of marriage by a decree of divorce may be presented to the District Court by
both the parties to a marriage together, whether such marriage was solemnized
before or after the commencement of this Act, on the ground that they have been
living separately for a period of one year or more, that they have not been
able to live together and that they have mutually agreed that the marriage
should be dissolved.
(2) On the motion of both the parties made not earlier than six
months after the date of the presentation of the petition referred to in
sub-section (1) and not later than eighteen months after the said date, if the
petition is not withdrawn in the mean time, the Court shall, on being
satisfied, after hearing the parties and after making such inquiry as it thinks
fit, that a marriage has been solemnized and that the averments in the petition
are true, pass a decree of divorce declaring the marriage to be dissolved with
effect from the date of the decree.
13.
No petition for divorce to be
presented within one year of marriage:-
(1) Notwithstanding anything contained in this Act, it shall not be
competent for any Court to entertain any petition under section 11 or 12 of
this Act for dissolution of marriage by a decree of divorce, unless at the date
of the presentation of the petition one year has elapsed since the date of the
marriage:
Provided that the court
may, upon application made to it, allow a petition to be presented before one
year has elapsed since the date of the marriage on the ground that the case is
one of exceptional hardship to the petitioner or of exceptional depravity on
the part of the respondent, but, if it appears to the court at the hearing of
the petition that petitioner obtained leave to present the petition by any
mis-representation or concealment of the nature of the case, the court may, if
it pronounces a decree, do so subject to the condition that the decree shall
not have effect until after the expiry of one year from the date of the
marriage or may dismiss the petition without prejudice to any petition which
may be brought after the expiration of the said one year upon the same or
substantially the same facts as those alleged in support of the petition so
dismissed.
(2) In disposing of any application under this section for leave to
present a petition for divorce before the expiration of one year from the date
of the marriage, the court shall have regard to the interests of any children
of the marriage and to the question whether there is a reasonable probability
of a reconciliation between the parties before the expiration of the said one
year.
14.
Divorced persons when may marry again:-
(1) When a marriage has been dissolved by a decree of
divorce and the time for filing appeal has expired without an appeal having
been presented, it shall be lawful for either party to the marriage to marry
again after six months has elapsed from the date of decree of dissolution of
marriage.
(2) Where an appeal has been presented against dissolution of
marriage but has been dismissed, it shall be lawful for either party to the
marriage, to marry again after six months has elapsed from the date of
dismissal of the appeal.
15. Legitimacy of children of void and
voidable marriages:-
(1) Notwithstanding that a marriage is null and void under Section 8,
any child of such marriage who would have been legitimate if the marriage had
been valid, shall be legitimate, whether such a child is born before or after
the commencement of this Act, and whether or not a decree of nullity is granted
in respect of the marriage under this Act and whether or not the marriage is
held to be void otherwise than on a petition under this Act.
(2) Where a decree of nullity is granted in respect of a voidable
marriage under Section 10, any child begotten or conceived before the decree is
made, who would have been the legitimate child of the parties to the marriage
if, at the date of the decree it had been dissolved instead of being annulled,
shall be deemed to be their legitimate child notwithstanding the decree of
nullity.
(3) Nothing contained in sub-section (1) or sub-section (2) shall be
construed as conferring upon any child of a marriage which is null and void or
which is annulled by a decree of nullity under Section 10, any rights in or to the
property of any person, other than the parents, in any case where, but for the
passing of this Act, such child would have been incapable of possessing or
acquiring any such rights by reason of his not being the legitimate child of
his parents.
16. Punishment for contravention of certain
other conditions for a Sikh marriage:-
(1) Whoever, having a husband or wife living,
marries in any case in which such marriage, is void by reason of its taking
place during the life of such husband or wife, shall be punished with
imprisonment which shall not be less than one year and may extend to three
years and with a fine which shall not be less than twenty thousand rupees and
may extend to one lakh of rupees.
(2) Where the court imposes a fine under
sub-section (1) of this section, it shall also order the amount to be paid to
aggrieved person out of the fine as payment of compensation, maintenance or
costs.
(3) The
proceedings under this section shall be undertaken by the court wherein the
petition under section 9, 10, or 11 of this Act has been presented and it will
be lawful for the court to convict a person under this section while deciding
the petition under section 9, 10, or 11 of this Act and no separate complaint
or criminal trial is required to be initiated before a court of Criminal
jurisdiction.
17. Maintenance Pendent-lite and expenses of
proceedings:- Where in any proceeding under this Act,
it appears to the Court that either the wife or the husband, as the case may
be, has no independent income sufficient for her or his support and the
necessary expenses of the proceeding, it may, on the application of the wife or
the husband, order the respondent to pay to the applicant the expenses of the
proceeding and such monthly expenses as, having regard to the applicant's own
income and the income of the respondent, it may seem to the Court to be
reasonable, during the proceeding.
Provided that the application for the payment to the
expenses of the proceeding and such monthly expenses during the proceedings,
shall, as far as possible be disposed of within sixty days from the date of
service of notice on the wife or the husband, as the case may be.
18. Permanent alimony and maintenance:-
(1) Any court exercising jurisdiction under this Act may, at the
time of passing any decree or at any time subsequent thereto, on application
made to it for the purposes by either the wife or the husband, as the case may
be, order that the respondent shall pay to the applicant for her or his
maintenance and support such gross sum or such monthly or periodical sum for a
term not exceeding the life of the applicant as, having regard to the
respondent's own income and other property, if any, the income and other
property of the applicant, the conduct of the parties and other circumstances
of the case, it may seem to the Court to be just, and any such payment may be
secured, if necessary, by a charge on the immoveable property of the
respondent.
Explanation: The
spouse of marriage which is void due to contravention of condition specified in
clause (i) of section 5 of this Act, shall not be entitled to maintenance,
permanent alimony or to claim any benefit under this section.
(2) If the Court is satisfied that there is a change in the
circumstances of either party at any time after it has made an order under
sub-section (1), it may at the instance of either party, vary, modify or
rescind any such order in such manner as the court may deem just.
(3) If
the Court is satisfied that the party in whose favour an order has been made under
this Section has re-married, it may at the instance of the other party vary,
modify or rescind any such order in such manner as the court may deem just.
19. Custody
and maintenance of children:- In any proceeding under this Act,
the Court may, from time to time, pass such interim orders and make such
provisions in the decree as it may deem just and proper with respect to the
custody, maintenance and education of minor children, consistently with the
wishes of children, wherever possible, and may, after the decree, upon
application for said purpose, pass from time to time, all such orders and make
provisions with respect to the custody, maintenance and education of such
children as might have been made by such decree or interim orders in case the
proceedings for obtaining such decree were still pending, and the Court may
also from time to time revoke, suspend or vary any such orders and provisions
previously made.
Provided, that the welfare of the minor
children shall be the paramount consideration for the court while proceeding
under this section.
Provided that the application with respect to the
maintenance and education of the minor children, pending the proceeding for
obtaining such decree, shall, as far as possible, be disposed of within sixty
days from the date of service of notice on the respondent.
20.
Court to which petition shall be
presented:-
Every petition under this Act shall be presented to the District Court
within the local limits of whose ordinary original civil jurisdiction:
(i)
the marriage was solemnized, or
(ii)
the
respondent, at the time of the presentation of the petition, resides, or
(iii) the parties to the marriage last
resided together, or
(iv)
in
case the wife is the petitioner, where she is residing on the date of
presentation of the petition, or
(v)
the
petitioner is residing at the time of the presentation of the petition, in a
case where the respondent is at that time residing outside the territories to
which this Act extends, or has not been heard of as being alive for a period of
seven years or more by those persons who would naturally have heard of him if
he was alive.
21. Contents of petitions and service of summons:-
(1) Every petition presented under this Act shall state as distinctly
as the nature of the case permits, the facts on which the claims to relief is
founded and shall also state that there is no collusion between the petitioner
and the other party to the marriage.
(2) Every petition under this Act shall be verified by the petitioner
or some other competent person in the manner required by law for the
verification of plaints and shall also be supported by a duly sworn affidavit,
and it may, at the hearing, be referred to as evidence.
(3)
The court, under this Act:
(a)
while passing an order for proceeding ex-parte against the respondent,
if duly served or if has refused service or is evading service, shall ensure
that the provisions of the Code of Civil Procedure with regard to service of
summons have been strictly followed and complied with.
(b) while
the summons were returned with a report that the respondent has refused to
accept or is evading service, the court shall, before passing order for
proceeding ex-parte, order the service to respondent be affected through
proclamation and publication in a leading newspaper of the region.
22. Application of Code of Civil Procedure:- Subject to the other provisions
contained in this Act and to such rules as framed under this Act, all
proceedings under this Act shall be regulated, as far as may be, by the Code of
Civil Procedure.
23.
Power to transfer petitions in certain
cases:-
(1) Where-
(a) a petition under this Act has been presented to a District Court
having jurisdiction by a party to marriage praying for a decree of divorce
under Section 11; and
(b) another petition under this Act has been presented thereafter by
the other party to the marriage praying for a decree of divorce under Section
11 on any ground, whether in the same District Court or in a separate District
Court, in the same State or in a separate State, the petitions shall be dealt
with as specified in sub-section (2).
(2) In a case where sub-section
(1) applies,-
(a) if the petitions are presented to the same District Court, both
the petitions shall be tried and heard together by that District Court;
(b) if the petitions are presented to in separate District Courts,
the petition presented later shall be transferred to the District Court in
which the earlier petition was presented and both the petitions shall be heard
and disposed of together by the District Court in which the earlier petition
was presented.
(3) In a case where clause (b) of sub-section (2) applies, the Court
or the Government, as the case may be, competent under the Code of Civil
Procedure, to transfer any suit or proceeding from the District Court in which
the later petition has been presented to the District Court in which the
earlier petition is pending, shall exercise its powers to transfer such later
petition as if it had been empowered so to do under the said Code.
24. Special provision relating to trial and
disposal of petitions under the Act:-
Every
petition/appeal under this Act shall be tried as expeditiously as possible, and
endeavour shall be made to conclude the trial within six months from the date
of service of notice of the petition/appeal on the respondent
25. Documentary and other evidence:-
Notwithstanding anything in any
enactment to the contrary, no
document shall be inadmissible in evidence in any proceeding at the
trial of a petition under this Act on the ground that it is not duly stamped or
registered.
26.
Proceedings to be in camera and may
not be printed or published:-
(1) Every proceeding under this Act shall be conducted in camera and
it shall not be lawful for any person to print or publish any matter in
relation to any such proceeding except a judgment of the High Court or of the
Supreme Court printed or published with the previous permission of the Court.
(2) If
any person prints or publishes any matter in contravention of the provisions
contained in sub-section (1), he shall be punishable with fine which may extend
to twenty five thousand rupees.
27. Decree in proceedings.-
(1) In
any proceeding under this Act, whether defended or not, if the Court is
satisfied that-
(a) any of the grounds for granting relief exists and the petitioner
is not any way taking advantage of his or her own wrong or disability for the
purpose of such relief, and
(b) where the ground of the petition is the ground specified in
clause (i) of sub-section (1) of Section 11, the petitioner has not in any
manner been accessory to or connived at or condoned the act or acts complained
of, or where the ground of the petition is cruelty the petitioner has not in
any manner condoned the cruelty, and
(c) when a divorce is sought on the ground of mutual consent, such
consent has not been obtained by force, fraud or undue influence, and
(d) the petition is not presented or prosecuted in collusion with
the respondent, and
(d) there has not been any unnecessary or improper delay in
instituting the proceeding, and
(e) there is no other legal ground why relief should not be
granted, then, and in such a case, but not otherwise, the court shall decree
such relief accordingly.
(2) Before
proceeding to grant any relief under this Act, it shall be the duty of the
Court in the first instance, in every case where it is possible so to do
consistently with the nature and circumstances of the case, to make every
endeavour to bring about a reconciliation between the parties:
Provided
that nothing contained in this sub-section shall apply to any proceeding
wherein relief is sought on any of the grounds specified in clause (iv), clause
(v), clause (vi), clause (vii), clause (viii) or clause (ix) of sub-section (1)
of Section 11.
(3) For
the purpose of aiding the Court in bringing about such reconciliation, the
court may, if the parties so desire or if the Court thinks it just and proper
so to do adjourn the proceedings for a reasonable period and refer the matter
to any person named by the parties in this behalf or to any person nominated by
the Court if the parties fail to name any person, with directions to report to
the Court as to whether reconciliation can be and has been effected and the
court shall in disposing of the proceeding have due regard for the report.
(4) In every case, the court passing the judgment or decree shall
give a copy thereof free of cost to each of the parties. Wherein the respondent
was proceeded against ex-parte, the copy of the judgement or the decree shall
be sent to him by a registered post.
28. Relief for respondent in divorce and other
proceedings.- In any
proceedings of restitution of conjugal rights or divorce, the respondent may
not only oppose the relief sought on the ground of petitioner's adultery,
cruelty or desertion, but also make a counter-claim for any relief under this
Act on that ground; and if the petitioner's adultery, cruelty or desertion is
proved, the Court may give to the respondent any relief under this Act to which
he or she would have been entitled if he or she had presented a petition
seeking such relief on that ground.
29. Appeals from judgment, decrees and orders:-
(1) All judgments, decrees and orders made by District Court in any
proceeding under this Act shall, subject to the provisions of sub-section (2)
and (3), be appealable and every such appeal shall lie to the High Court.
(2) There shall be no appeal under this section on subject of costs only.
(3) No appeal shall lie to the High Court from a judgment, decree or
order made by District Court with the consent of the parties.
(4) Every appeal under this section shall be preferred within a
period of ninety days from the date of the judgment, decree or order.
Provided that the High Court may entertain an
appeal after the expiry of the period of ninety days, if it is satisfied that
there was sufficient or reasonable cause for not filing the appeal within the
time limit.
30. Enforcement of decrees and orders.- All decrees and orders made by the
Court in any proceeding under this Act, shall be enforced in the like manner as
the decrees and orders of the Court made in the exercise of its original civil
jurisdiction for the time being are enforced.
31. Powers to make rules:- The Union or
State Government may by notification in
the official gazette, make rules not inconsistent with this Act to carry out
the provisions of this Act.
32. Savings:-
(1) A marriage solemnized between Sikhs before the commencement of
this Act, which is otherwise valid, shall not be deemed to be invalid or ever
to have been invalid by reason only of the fact that the parties thereto belonged
to the same “pravara” or belonged to different religion.
(2) Nothing
contained in this Act shall be deemed to affect any right exercised before the
commencement of this Act to obtain the dissolution of a Sikh Marriage
recognised by custom or usage.
(3) Nothing contained in this Act shall affect the procedure of any
proceeding pending at the commencement of this Act under any law for the time
being in force for declaring any marriage to be null and void or for annulling
or dissolving any marriage, and any such proceeding may be continued in
accordance with the procedure applicable before commencement of this Act.
