Section 40 of The Special Marriage Act, 1954
Subject to the other provisions contained in this Act, and to such rules as the High Court may make in this behalf, all proceedings under this Act shall be regulated, as far as may be, by the Code of Civil Procedure, 1908 (5 of 1908).
Summary
- Section 40 of this civil law sets the procedural rules for all court cases under the Act.
- It states that the Code of Civil Procedure, 1908, is the main set of rules that will guide all proceedings.
- This application of the civil procedure code is subject to other provisions within this specific Act.
- The High Court can also make its own rules that might modify or regulate these procedures.
Practical examples
FAQ
1. What legal code regulates the court proceedings under Section 40 of the Special Marriage Act, 1954?
Under Section 40 of the Special Marriage Act, 1954, all court proceedings are regulated by the Code of Civil Procedure, 1908.
2. Can the High Court change how the civil procedure code applies under Section 40 of the Special Marriage Act, 1954?
Yes, under Section 40 of the Special Marriage Act, 1954, the application of the Code of Civil Procedure, 1908, is subject to any rules that the High Court may make.
3. Are all matrimonial cases under the Special Marriage Act, 1954, governed by the Code of Civil Procedure?
Yes, under Section 40 of the Special Marriage Act, 1954, all proceedings are regulated as far as possible by the Code of Civil Procedure, 1908, unless this Act provides a different rule.
Test yourself
Q1.Under Section 40 of the Special Marriage Act, 1954, which major code regulates the court proceedings?
Q2.Under Section 40 of the Special Marriage Act, 1954, the application of the general civil procedure rules is subject to which of the following?
Q3.Under Section 40 of the Special Marriage Act, 1954, who has the power to make rules that regulate the procedures under this Act?
Q4.Under Section 40 of the Special Marriage Act, 1954, how closely must court proceedings follow the Code of Civil Procedure, 1908?