Under the Special Marriage Act, the High Court is endowed with power to make rules regulating the procedure under this, the Act does not envisage to make the rules for the following :
MH SET - 2021, SET Exam - 2021,
Answer: D
The rules cannot lay down penalties for offences against marriage.
The Special Marriage Act, 1954 lets the High Court make rules regulating procedure under the Act. Such procedural rules cover matters like the impleading of an alleged adulterer as a co-respondent on a divorce petition, the award of damages against such a co-respondent, and the form and contents of petitions for nullity or divorce.
Penalties are different in kind. The punishments for offences, such as bigamy and false declarations, are fixed by the Act itself in its penal sections, and a court's procedural rules cannot create or prescribe them. So the first three are within the rule-making power and the last is not.
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