Report No. 59
8.11. and 8.12. Section 21A (New).-
In order to avoid multiplicity of proceedings and inconvenience to parties, and also to enable one court in one proceeding to go into the entire marital life of the parties, we recommend the insertion of the following new section in the Hindu Marriage Act.
Section 21A, (New)
"Where-
(a) a petition under this Act has been presented to the district court having jurisdiction by a party to a marriage praying for a decree for judicial separation or for divorce on any of the grounds specified in sub-section (1) of section 10 or section 13, as the case may be, and
(b) thereafter, another petition under this Act praying for a decree for judicial separation or of divorce has been presented by the other party to the marriage on any ground, whether in the same district court or in a different district court, in the same State or a different State. then, subject to the provisions of sub-section (2),-
(i) if the petitions are presented to the same district court, both the petitions shall be tried and heard together by that district court;
(ii) if the petitions are presented to different district courts, both the petitions shall be tried and heard together by the district court in which the petition praying for a decree for judicial separation or of divorce was presented earlier; and, for this purpose, the court competent under the Code of Civil Procedure, 1908, to transfer, to the district court in which the petition presented earlier is pending, the petition presented later, shall exercise its power so to transfer the petition."
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