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Shantanu Wavhal (Worker)     14 December 2011

Transfer of petition u/s 11 - hma

 

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

===========================================================================

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



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 3 Replies

Shantanu Wavhal (Worker)     14 December 2011

PS : Respondent is wife - working - Govt. servant - age 34 yrs.


(Guest)

no petition of transfer can be filed u/s 21 of HMact .  It is totally guided by Civil procedure code.  Section 24,25 of C.PC. deals with it.  So don;t worry.  Any civil petition, op, suit, appeals, can be tranfered as per span of control of judiciary.  But the ground must be firm.  In most cases the transfer will be infavour of wife/lady/children.  contest with stong ground. 

1 Like

Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com)     15 December 2011

yes the petition can be transfer, the respondant is a lady, it is the natural ground be  a woman.

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