Special Marriage Act, 1954
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, as
it my 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 provisions, 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 matte 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.