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Report No. 71

8.2. Amendment of section 21.-

Power to transfer petition in certain cases.-In view of the proposed insertion of a new section, it will also be necessary to make consequential changes in section 21A(1), clauses (a) and (b). Section 21A, sub-section (1) and sub-section (2) read as follows:-

"21A. (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."

In sub-section (1), clause (a) and clause (b), newly added section 13C should find a mention. In clause (a), after the word and figure "section 13", the words, figure and letter "or section 13C" should be inserted. In clause (b), after the word and figure "section 13", the words, figure and letter "or section 13C" should be inserted.



The Hindu Marriage Act, 1955 - Irretrievable breakdown of Marriage as a Ground of Divorce Back




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