Section 48 in Indian Divorce Act
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.
Title: Service of petition
Every petition under this Act shall be served on the party to be affected thereby, either within or without 1[India], in such manner as the High Court by general or special order from time to time directs.
Provided that the court may dispense with such service altogether in case it seems necessary or expedient so to do.
1. Subs. by the A.O. 1950, for the Provinces, which had been substituted by the A.O. 1948, for "British India".
Title: Mode of taking evidence
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.
Title: Competence of husband and wife to give evidence as to cruelty or desertion
On any petition presented, 1[by a husband or a wife, praying that his or her marriage may be dissolved by reason of his wife or her husband, as the case may be, having been guilty of adultery, cruelty or desertion], the husband and wife respectively shall be competent and compellable to give evidence of or relating to such cruelty or desertion.
1. Subs. by Act 51 of 2001, s. 28, for certain words (w.e.f 3-10-2001).