Section 21A – Hindu Marriage Act – Power To Transfer Petitions In Certain Cases.

Code

(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.

2. Explanation

Section 21A of the Hindu Marriage Act, 1955, deals with the transfer of petitions relating to judicial separation or divorce under the Act. It ensures that all petitions filed by both parties seeking similar relief, whether in the same or different courts, are heard and decided together.

This section aims to:

• Prevent contradictory decisions by different courts.
• Ensure efficiency and expedite the resolution of matrimonial disputes.
• Minimize the inconvenience and cost associated with separate proceedings.

3. Illustration

Suppose, A files a petition for divorce against B in District Court A. Subsequently, B files a petition for judicial separation against A in District Court B. In this scenario, Section 21A will apply. The petition filed by B in District Court B will be transferred to District Court A, where both petitions will be heard and decided together.

4. Common Questions and Answers

Q: What happens if the parties file petitions in different states?
A: If the petitions are filed in different states, the petition filed later will be transferred to the court where the earlier petition was filed. This transfer will be facilitated by the competent authority under the Code of Civil Procedure.

Q: Can a party challenge the transfer of a petition under Section 21A?
A: Yes, the party whose petition has been transferred can challenge the transfer order in the court where the petition was originally filed.

Q: What if one party files a petition for divorce and the other files a petition for nullity?
A: Section 21A might not be applicable in this case as the reliefs sought are distinct. However, the court may still choose to hear both petitions together depending on the specific facts and circumstances.