Hindu Marriage Act • Official Statutory Text & Practice Guide
Statutory Regulation
Legal Standard
Competent Court / Tribunal
Act 1955
Section 21 of Hindu Marriage Act: Application of Act 5 of 1908
Official Bare Act Text
Override / Mandate Mens Rea (Intent) Actus Reus (Conduct) Punishment Limitation Monetary
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.
Legal Commentary & Landmark Judgments: Section 21
Section 21 establishes the procedural supremacy of the Code of Civil Procedure, 1908 in regulating all proceedings under the Hindu Marriage Act, subject to statutory provisions and High Court rules.
Applicability of CPC: Subject to the other provisions of the Act and rules framed by the High Court, all proceedings under the HMA must be regulated, as far as may be, by the Code of Civil Procedure, 1908.
Interplay with Family Courts Act: Where Family Courts are established under the Family Courts Act, 1984, the simplified procedure and conciliatory provisions of that Act prevail over strict CPC technicalities.
Powers of Court: Confers all standard civil court powers on the matrimonial judge, including amendment of pleadings (Order VI Rule 17), discovery and inspection (Order XI), interim injunctions (Order XXXIX), and ex-parte recall (Order IX Rule 13).
Key Landmark Precedents:
Guda Vijayalakshmi v. Guda Ramchandra Sekhara Sastry (1981) 2 SCC 646: The Supreme Court held that Section 21 does not exclude the overarching transfer power of the Supreme Court under Section 25 CPC; matrimonial petitions pending under HMA can be freely transferred across States to ensure justice.
Savitri v. Govind Singh Rawat (1985) 4 SCC 337: The Supreme Court held that procedural provisions in family laws must be interpreted liberally to advance social justice and grant effective interim relief to destitute spouses.
Courtroom Practice & Strategic Litigation Guidance:
In matrimonial practice, always utilize CPC procedural tools: file Order VII Rule 11 applications where the petition discloses no cause of action, seek amendment under Order VI Rule 17 to bring subsequent acts of cruelty on record, and invoke Section 151 CPC for urgent procedural directions not covered by HMA.
Legal Commentary & Landmark Judgments: Section 21
Section 21 establishes the procedural supremacy of the Code of Civil Procedure, 1908 in regulating all proceedings under the Hindu Marriage Act, subject to statutory provisions and High Court rules.
In matrimonial practice, always utilize CPC procedural tools: file Order VII Rule 11 applications where the petition discloses no cause of action, seek amendment under Order VI Rule 17 to bring subsequent acts of cruelty on record, and invoke Section 151 CPC for urgent procedural directions not covered by HMA.