Hindu Marriage Act Section 21A — Power to transfer petitions in certain cases
General
Summary
If one spouse files for divorce or judicial separation in a district court, and the other spouse later files a similar petition—whether in the same court or a different court, in the same state or another state—both petitions must be handled together. If both are filed in the same court, that court hears them jointly. If they are filed in different courts, the later petition is moved to the court where the earlier one was filed, and that court hears both together. The court or government that normally has the power to transfer cases under the Civil Procedure Code is required to use that power to make this transfer happen.
Official Text
(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.