Section 51 in Indian Divorce Act
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).
Title: Power to close doors
The whole or any part of any proceeding under this Act may be heard, if the Court thinks fit, with closed doors.
Title: Power to adjourn
The Court may, from time to time, adjourn the hearing of any petition under this Act, and may require further evidence thereon if it sees fit so to do.
Title: Enforcement of and appeals from orders and decrees
All decrees and orders made by the Court in any suit or proceedings 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:
1 * * * * *
No appeal as to costs.--2[Provided] that there shall be no appeal on the subject of costs only.
1. The first proviso omitted by Act 51 of 2001, s. 29 (w.e.f. 3-10-2001).
2. Subs. by s. 29, ibid., for "Provided also" (w.e.f. 3-10-2001).