Section 45 in Indian Divorce Act
Title: Code of Civil Procedure to apply
Subject to the provisions herein contained, all proceedings under this Act between party and party shall be regulated by the 1[Code of Civil Procedure, 1908 (5 of 1908).]
1. Subs. by Act 51 of 2001, s. 27, for "Code of Civil Procedure" (w.e.f. 3-10-2001)
Title: Forms of petitions and statements
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
Title: Petition to state absence of collusion
Every petition under this Act for a decree of dissolution of marriage, or of nullity of marriage, or of judicial separation 1 *** shall 2 *** state that there is not any collusion or connivance between the petitioner and the other party to the marriage.
Statements to be verified.--The 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.
1. The Words "or of reversal of judicial separation, or for restitution of conjugal rights, or for damages, shall bear a stamp of five rupees, and" rep. by Act 7 of 1870, s. 2 and the Schedule III.
2. The words "in the first, second and third cases mentioned in this section," rep. by Act 7 of 1870, s. 2 and the Schedule III.
Title: Suits on behalf of lunatics
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.
Title: Suits by minors
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 1 *** 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.
1. The words “shall bear a stamp of eight annas and” rep. by Act 7 of 1870, s. 2 and the Schedule III.