Power to transfer petitions in certain cases
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Summary
If one spouse first files for judicial separation or divorce and the other later files a similar petition, both petitions must be heard together. If both petitions are in the same district court, that court will try and decide them together. If they are in different district courts, the later petition will be transferred to the court where the earlier petition is pending, using transfer powers under the Code of Civil Procedure.
Example
Priya files a divorce petition in the Mumbai district court. Two months later Ravi files for judicial separation in the Pune district court. Ravi's later petition will be transferred to Mumbai so both petitions are heard and decided together.
Bare Act
Enacted text(1) Where-
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(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
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(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,-
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(a) if the petitions are presented to the same district court, both the petitions shall be tried and heard together by that district court;
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(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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