Transfer of petition u/s 11 - hma = possible ??
Shantanu Wavhal
(Querist) 14 December 2011
This query is : Resolved
Considering section 21A of HMA, 1995,
Can a petition u/s 11 [void marriage, as per sec. 5 (i)] of HMA can be transferred by respondant to a different District court (same state - Maharashtra) ?
If yes, on what grounds ??
PS : Sec. 21A does not mention anything about transerring petitions u/s 11. (only sec. 10 & 13 are discussed)
Kindly enlighten ...
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5. Conditions for a Hindu marriage
A marriage may be solemnized between any two Hindus, if the following condition are fulfilled, namely:-
(i) neither party has a spouse living at the time of the marriage
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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 Courts 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 clauses (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 petiton as if it had been empowered so to do under the said Code.
COMMENTS
Where the lady is poor, feeling hard to attend divorce proceeding and also her life in danger, it was taken to be a fit case for the transfer of the proceedings.-Heere Tripathi V. N.P. Tripathi 1993 (1)DMC115
Shantanu Wavhal
(Querist) 14 December 2011
PS : Respondent is wife - working Govt. servant - age 34 yrs.
Guest
(Expert) 14 December 2011
go for section 24, 25 of C.P.C it is the procedure
V R SHROFF
(Expert) 14 December 2011
Yes,
The respondent being lady, can apply for transfer of Petition to her convenient Court.
Normally such Application is allowed.
Devajyoti Barman
(Expert) 15 December 2011
Yes, transfer of civil cases is done under 24 of cpc by the High Court if it is within the same State.
If it is to be transferred to another state then section 25 is invoked by the supreme court.
Guest
(Expert) 15 December 2011
Agree with experts.
Shonee Kapoor
(Expert) 15 December 2011
Yes, it can be.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
Dr J C Vashista
(Expert) 20 December 2011
Yes, lady can file the petition at her present residential address and same can be transferred U/S 24 CPC
