HINDU MARRIAGE ACT 1956

SEC.21B DEALS WITH TRIAL. AS PER 21B[1] CLEARLY UPHOLDS THAT THE TRIAL SHOULD BE CONDUCTED ON DAY TODAY BASIS UNLESS THERE IS REASON TO ADJOURN THE CASE BEYOND THE FOLLOWING DAY -REASONS TO BE RECORDED. AND AS PER SUB SECTION 2 ENTIRE TRIAL SHOULD BE COMPLETED WITHIN 6 MONTHS AS SOON AS POSSIBLE,FROM THE DATE OF SERVICE OF NOTICE TO THE RESPONDENT AND SUB-SECTION 3 SAYS EVERY APPEAL IS TO BE DISPOSED OF WITHIN3 MONTHS FROM THE DTE OF THE SERVICE OF NOTICE.SEC.21 C DEALS WITH DOCUMENTARY EVIDENCE BY SAYING THAT NO DOCUMENT SHOULD TURNED LEFT OUT DUE TO WANT STAMP DUTY AND REGISTRATION.SEC.22 SAYS THAT EVERY PROCEEDING SHOULD BE CONDUCTED IN CAMERA AND NO PROCEEDING SHALL BE PRINTED OR PUBLISHED EXCEPT A JUDGEMENT, WITHOUT THE PERMISSION OF HIGH COURT OR SUPREME COURT.SEC.23 SAYS THAT UNLESS IT IS PROVED THAT THE PETITIONER CAME TO COURT WITH CLEAN HANDS AND THE PETITIONER NOT CONDONED THE ACTS OF RESPONDENT AT ANY STAGE NOR THERE IS NO FORCE OR FRAUD OR UNDUE INFLUENCE IN MUTUAL DIVORCE AND THAT THERE IS NO COLLUSION AND THAT THERE IS NO UNNECESSARY DELAY OR IMPROPER DELAY IN FILING THE PETITION AND THAT THERE IS NO OTHER GROUND FOR REFUSAL OF RELIEF , EVEN THOUGH THE RESPONDENT DEFENDED OR NOT, THE COURT CAN PASS A DECREE . BEFORE PROCEEDING TO GRANT ANY RELIEF,IT IS DUTY OF COURT TO MADE EFFORTS FOR RECONCILIATION. PROVIDED NO RECONCILIATION STEP IS NEEDED WHEN THE PETITION IS FILED UNDER SEC.13[1][ii],{iii},[iv][vii] AND FOR THE PURPOSE OF RECONCILIATION , THE COURT CAN ADJOURN THE CASE FOR 15 DAYS OR APPOINT AN ARBITRATOR SUGGESTED BY BOTH PARTIES, WITH A DIRECTION TO REPORT THE SAME TO THE COURT AND FREE OF COSTS DECREE AND JUDGEMENT IS TO BE GIVEN TO BOTH PARTIES.SEC.23A SAYS ABOUT THE COUNTER CLAIM- WHEN A PETITION IS PRESENTED FOR DIVORCE OR JUDICIAL SEPARATION OR RESTITUTION, THE RESPONDENT NOT ONLY DEFEND THE SAME BUT ALSO PRESENTED A COUNTER CLAIM OF ANY RELIEF ON THE SAME GROUNDS SOUGHT BY PETITIONER"S ADULTERY, CRUELTY O R DESERTION, IF 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.SE.24 DEALS WITH THE INTERIM MAINTENANCE AND EXPENSES OF PROCEEDINGS-PENDING DISPOSAL OF ANY CASE UNDER THIS ACT , ON THE APPLICATION OF THE WIFE OR HUSBAND, THE COURT CAN ORDER THE RESPONDENT TO PAY SUCH SUM TOWARDS EXPENSES AND SUCH SUM MONTHLY FOR MAINTENANCE , IF THE PETITIONER HAS NO EARNINGS.SEC.25 DEALS WITH PERMANENT ALIMONY AND MAINTENANCE-WHILE PASSING ANY DECREE OR SUBSEQUENT TO IT , ON THE APPLICATION OF WIFE OR HUSBAND AS THE CASE MAY BE, ORDER THAT THE RESPONDENT SHALL PAY TO THE APPLICANT MONTHLY OR PERIODICAL SUM FOR A TERM NOT EXCEEDING THE LIFE OF THE APPLICANT AND ALSO ORDER A CHARGE ON THE PROPERTY OF RESPONDENT.AFTER PASSING THE ORDER , ANY CHAGES HAVE OCCURED THAT IS THE PETITIONER ACQUIRED PROPERTY OR REMARRIED OR LIVING INADULTRY ETC.,, THE COURT CAN MODIFIED AND VARY AND ANNUL THE ORDERS.SEC.26 DEALS WITH THE CUSTODY OF CHILDREN- THE COURT ,PENDING THE CASE OR WHILE PASSING DECREE ALSO, CONSIDER THE CHILDREN WELFARE, CUSTODY, EDUCATION BY GIVING PRIORITY FOR WISHES OF CHILDREN AND FOR THAT PURPOSE, THE DECREE IS NOT FINAL AND IT CAN BE TREATED AS PENDING AS TIME TO TIME CHANGES ARE REQUIRED TO MODIFY THE SAME FOR SAKE OF CHILDREN.SEC.27 DEALS WITH PROPERTY -GIVEN AT TIME OF MARRIAGE AND AFTER THE MARRIAGE AND JOINT PROPERTY AND THE COURT MAKE SUITABLE PROVISION S WHILE PASSING A DECREE TO THAT EFFECT. SEC/ 28 DEALS WITH APPEALS FROM DECREE AND ORDERS-ANY DECREE OR ORDER UNDER SEC.25,26 ARE ALL APPEAL ABLE TO THE COURT WHICH GOT JURISDICTION FROM THE ORIGINAL SUIT OF THAT LOWER COURT AND TIME IS ONLY 30 DAYS..SEC.28A SAYS ABOUT EXECUTIONS- EVERY DECREE OR ORDER IS TO BE EXECUTABLE AS IF IT IS A DECREE FROM ITS ORIGINAL SIDE OF CIVIL JURISDICTION.THIS ACT NOT QUESTIONING THE MARRIAGES THAT TOOK PLACE BEFORE THIS ACT ON THE GROUND OF SAME GOTRA OR PRAVARA OR BELONG TO DIFFERENT RELIGIONS , CASTES OR SUB-DIVISIONS OF THE SAME CASTE .LIKES WISE RECOGNIZED THE CUSTOMARY DIVORCE BEFORE OR AFTER THE ACT AND ALSO NOT AFFECT THE SUITS THAT WERE PENDING AT TIME OF COMMENCEMENT OF THIS ACT AND SPECIAL MARRIAGE ACT .