CHAPTER XII
PROCEDURE
Code of Civil Procedure to apply45. Subject to the provisions herein contained, all proceedings under this Act between party and party shall be regulated by the Code of Civil Procedure.
Forms of petitions and statements46. The forms set forth in the Schedule to this Act, with such variation as the circumstances of each case require, may be used for the respective purposes mentioned in such schedule.
Stamp on petition Petition to state absence of collusion47. Every petition under this Act for a decree of dissolution of marriage or of nullity of marriage, or of judicial separation shall state that there is not any collusion or connivance between the petitioner and the other party to the marriage;
Statements to be verifiedthe statements contained in every petition under this Act shall be verified by the petitioner or some other competent person in manner required by law for the verification of plaints, and may at the hearing be referred to as evidence.
Suits on behalf of lunatics48. When the husband or wife is a lunatic or idiot, any suit under this Act (other than a suit for restitution of conjugal rights) may be brought on his or her behalf by the committee or other person entitled to his or her custody.
Suits by minors49. Where the petitioner is a minor, he or she shall sue by his or her next friend to be approved by the Court; and no petition presented by a minor under this Act shall be filed until the next friend has undertaken in writing to be answerable for costs.
Such undertaking shall be filed in Court, and the next friend shall thereupon be liable in the same manner and to the same extent as if he were a plaintiff in an ordinary suit.
Service of petition50. Every petition under this Act shall be served on the party to be affected thereby, either within or without Bangladesh, in such manner as the High Court Division by general or special order from time to time directs:
Provided that Court may dispense with such service altogether in case it seems necessary or expedient so to do.
Mode of taking evidence51. The witnesses in all proceedings before the Court, where their attendance can be had, shall be examined orally, and any party may offer himself or herself as a witness, and shall be examined and may be cross-examined and re-examined, like any other witness:
Provided that the parties shall be at liberty to verify their respective cases in whole or in part by affidavit, but so that the deponent in every such affidavit shall, on the application of the opposite party, or by direction of the Court, be subject to be cross-examined by or on behalf of the opposite party orally, and after such cross-examination may be re-examined orally as aforesaid by or on behalf of the party by whom such affidavit was filed.
Competence of husband and wife to give evidence as to cruelty or desertion52. On any petition presented by a wife, praying that her marriage may be dissolved by reason of her husband having been guilty of adultery coupled with cruelty, or of adultery coupled with desertion without reasonable excuse, the husband and wife respectively shall be competent and compellable to give evidence of or relating to such cruelty or desertion.
Power to close doors53. The whole or any part of any proceeding under this Act may be heard, if the Court thinks fit, with closed doors.
Power to adjourn54. The Court may from time to time adjourn the hearing of any petition under this Act, and may require further evidence thereon if it seems fit so to do.
Enforcement of and appeals from orders and decrees No appeal as to costs55. All decrees and orders made by the Court in any suit or proceeding under this Act shall be enforced and may be appealed from, in the like manner as the decrees and orders of the Court made in the exercise of its original civil jurisdiction are enforced and may be appealed from under the laws, rules and orders for the time being in force:
Provided that there shall be no appeal from a decree of a District Judge for dissolution of marriage or of nullity of marriage, nor from the order of the High Court Division confirming or refusing to confirm such decree:
Provided also that there shall be no appeal on the subject of costs only.
Appeal to Appellate Division of the Supreme Court56. Any person may appeal to the Appellate Division of the Supreme Court from any decree (other than a decree nisi) or order under this Act of a High Court Division made on appeal or otherwise,
and from any decree (other than a decree nisi) or order made in the exercise of original jurisdiction by Judges of High Court Division or of any Division Court from which an appeal shall not lie to the High Court Division,
When the High Court Division declares that the case is a fit one for appeal to the Appellate Division of the Supreme Court.