AIR 1971 GUJARAT 33

Gujarat High Court

Hon'ble Judge(s): Y. D. Desai , J

(A) Hindu Marriage Act (25 of 1955) , S.14, S.21— Rules under - Hindu Marriage and Divorce Rules 1955 (Bombay High Court) Pre. - Rules are applicable to cases dealt with by Gujarat Courts by virtue of S.88, Bombay Reorganisation Act (11 of 1960) read with Cl.4 of Adaptation of the Law (State and Concurrent Subjects) Order, 1960. (Para 6) (B) Bombay High Court Hindu Marriage and Divorce Rules (1955) , R.5— High Court Rules and Orders - Word 'shall' in R.5 is mandatory - Person with whom a woman is alleged to be "living in adultery" when known is a necessary party for divorce proceedings. The word 'shall' in Rule 5 is mandatory and therefore person with whom a woman is alleged to be living in adultery when known is a necessary party in divorce proceedings. If the name of such person is unknown the necessary affidavit in that behalf of the person committing adultery being unknown is necessary. This has considerable effect on the question of "living in adultery" because if such person is unknown and could not be made a party the evidence led has to be appreciated in that light.(Para 6) (C) Hindu Marriage Act (25 of 1955) , S.10, S.13, S.23— Matters falling within scope of S.10,....