The High Court shall make such rules under this Act as it may from time to time consider expedient, and may from time to time alter and add to the same: Provided that such rules, alterations and additions are consistent with the provisions of this Act and the Code of Civil Procedure.All such rules, alterations and additions shall be published in the Official Gazette.
Simplified Explanation
Key Provision of Section 62
- Authority to Make Rules:
- The High Court is granted the authority to make rules under the Indian Divorce Act as it deems expedient.
- The High Court can also alter or add to the rules from time to time as necessary.
- Consistency with the Act:
- Any rules, alterations, or additions must be consistent with the provisions of the Indian Divorce Act and the Code of Civil Procedure.
- Publication in the Official Gazette:
- All such rules, changes, or additions made by the High Court must be published in the Official Gazette to be officially recognized and enforceable.
Implications of Section 62
- Flexibility in Legal Procedure:
- This section gives the High Court the power to create detailed rules to address practical issues or gaps in the implementation of the Act. It allows for ongoing adjustments to the rules as circumstances evolve.
- Consistency with Existing Laws:
- The section ensures that any new rules made by the High Court are in alignment with the broader framework of civil law in India, particularly the Code of Civil Procedure. This ensures the smooth integration of divorce law with other legal procedures.
- Transparency through Official Publication:
- Requiring publication in the Official Gazette ensures that any changes to the rules are transparent and accessible to the public and legal professionals, maintaining clarity in the legal process under the Act.
Conclusion
Section 62 of the Indian Divorce Act empowers the High Court to create, alter, and update rules governing divorce proceedings, provided they align with the Indian Divorce Act and the Code of Civil Procedure. It ensures that changes to the rules are made transparently through publication in the Official Gazette, maintaining consistency and clarity in legal procedures related to divorce.
