HMA 21A — Power to transfer petitions in certain cases

Hindu Marriage Act, 1955

Statutory text

[21A. Power to transfer petitions in certain cases.—(1) Where—
(a) a petition under this Act has been presented to a district court having jurisdiction by a party to
a  marriage  praying  for a  decree  for  judicial  separation  under  section  10  or  for  a  decree  of  divorce
under section 13, and
(b) another petition under this Act has been presented thereafter by the other party to the marriage
praying for a decree for judicial separation under section 10 or for a decree of divorce under section
13 on any ground, whether in the same district court or in a different district court, in the same State
or in a different State, the petitions shall be dealt with as specified in sub-section (2).
(2) In a case where sub-section (1) applies,—
(a)  if  the  petitions  are  presented  to  the  same  district  court,  both  the  petitions  shall  be  tried  and
heard together by that district court;
(b)  if  the  petitions  are  presented  to  different  district  courts,  the  petition  presented  later  shall  be
transferred to the district court in which the earlier petition was presented and both the petitions shall be heard and disposed of together by the district court in which the earlier petition was presented.
(3) In a case where clause (b) of sub-section (2) applies, the court or the Government, as the case may
be,  competent  under  the  Code  of  Civil  Procedure,  1908  (5  of  1908),  to  transfer  any  suit  or  proceeding
from  the  district  court  in  which  the  later  petition  has  been  presented  to  the  district  court  in  which  the
earlier  petition  is  pending,  shall  exercise  its  powers  to  transfer  such  later  petition  as  if  it  had  been empowered so to do under the said Code.

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