Application of Act 5 of 1908
Section 21 of the Hindu Marriage Act, 1955 deals with application of Act 5 of 1908. 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. The Act came into force on 18 May 1955.
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.
Section 21, The Hindu Marriage Act, 1955 (Act 25 of 1955).
Related judgements & precedents
These are some judgments that construed this section, and hold precedence value. They hold authority on how to read, interpret and use this section.
-
Rajeev Katyal vs Ekta Katyal, ANR
Court's Decision & Legal Precedent
The Court entertained and decided an application under Order IX Rule 7 of the Code of Civil Procedure to set aside an ex parte order in a divorce petition, holding that the litigant's own want of diligence, and not merely counsel's default, governs whether the indulgence is granted, and applying the Limitation Act to the delay in moving the application.
On this section: Illustrates the working of section 21 by applying Order IX of the Code of Civil Procedure, and the Limitation Act alongside it, to a petition under the Act as the regulating procedure.
-
Sri Manepalli Seshavataram vs Manepalli Dhana Lakshmi Sowjanya
Court's Decision & Legal Precedent
Dealing with a divorce petition under section 13, the Court restored a revision dismissed for counsel's absence by applying Order IX Rule 9 of the Code of Civil Procedure, and held that evidence may be reopened after arguments are closed only where a bona fide reason for the late production of the documents is shown, so that the indulgence is not turned into an abuse of process.
On this section: Shows section 21 in operation: the Code of Civil Procedure supplies the machinery for restoration and for reopening evidence in a proceeding under the Act, subject to the court's discretion.
The holding above is the ratio decidendi as extracted from the judgment by eCourts India, reproduced unaltered — it is a rendering of the court's reasoning, not a substitute for its words. Read the order itself before relying on it.
Judgments citing this section
These may be obiter dicta or a precedent, for you to study. These are the judgments where this section is quoted.
-
… Sub-Rule (4) of Rule 1 expressly states that where the plaintiff abandons any suit or part of claim or withdraws from a suit or part of claim without the leave of the court to file fresh suit, he cannot institute fresh suit -:28:- in respect of the same subject matter. Section 21 of the Hindu Marriage Act, 1955 make the provisions of Code of Civil Procedure applicable to proceedings under the Act. 27. The meaning and interpretation of the term "subject matter" came up for consideration before the Apex Court in Vallabh Das v. Madan Lal (AIR 1970 SC 987). It was held thus: "The …
-
… In our opinion, before giving finding that though no marriage was solmnized between the appellant and respondent and passing a decree, it was obligatory on the part of the trial Court to frame specific issue in this regard and thereafter, record it's finding on the issue. 7. Section 21 of the Hindu Marriage Act, prescribes applicability of Act 5 of 1908 i.e. the Code of Civil Procedure, 1908. The Section reads as under:- " 21. Application of Act 5 of 1908.- 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 …
Made under this section, and citing it
1 instrument states that it was made under this provision — the power to make it comes from here, so a change to any of them changes what this section requires in practice. Newest first.
Questions about Section 21
What have the courts held on Section 21 of the Hindu Marriage Act?
Rajeev Katyal vs Ekta Katyal, ANR (01 Feb 2019) is the leading judgment on this section among those set out below: Illustrates the working of section 21 by applying Order IX of the Code of Civil Procedure, and the Limitation Act alongside it, to a petition under the Act as the regulating procedure. Another 1 judgment on this section is set out below. They run from 2019 to 2024.
How do I find court cases under Section 21 of the Hindu Marriage Act?
In judgments and charge sheets this section is written several ways, and each form finds a different set of orders. These search the full text of every order eCourtsIndia holds, best matches first: Hindu Marriage Act 21, section 21 Hindu Marriage Act, section 21 of the Hindu Marriage Act. People searching for it also type hma 21b and hma 21b latest judgement. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome. 2 reported judgments on this section are set out on this page, beginning with Rajeev Katyal vs Ekta Katyal, ANR (01 Feb 2019).
What should I read with Section 21 of the Hindu Marriage Act, and has it changed?
The rules and notifications made under it are where it actually bites, and there is one: most recently The High Court of Jharkhand Hindu Marriage Rules, 2017 (2017).
When did Section 21 of the Hindu Marriage Act come into force?
Section 21 of the Hindu Marriage Act, cited as Hindu Marriage Act 21, came into force on 18 May 1955, having been enacted on 18 May 1955. It is in force as at the date shown on this page.
Other sections of this Act
- 13. Divorce913 words
- 3. Definitions499 words
- 23. Decree in proceedings465 words
- 12. Voidable marriages361 words
- 2. Application of Act302 words
- 14. No petition for divorce to be presented within one year of marriage290 words
Source and method. Compiled from the enactments of Parliament and of the State legislatures as published on India Code, and republished together with commentary and other original matter under section 52(1)(q)(ii) of the Copyright Act, 1957. Structured, cross-referenced and maintained by eCourtsIndia. Text as in force on 15 Oct 2026. This page is not a substitute for legal advice.