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 do not mention anything about transerring petitions u/s 11.
Kindly enlighten ...
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
