(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.
(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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1. Ins. by Act 68 of 1976, s. 14 (w.e.f. 27-5-1976).
Section 21 Application of Act 5 of 1908
Section 21A Power to transfer petitions in certain cases
Section 21B Special provision relating to trial and disposal of petitions under the Act
Section 21C Documentary evidence
Section 22 Proceedings to be in camera and may not be printed or published
Section 23 Decree in proceedings
Section 23A Relief for respondent in divorce and other proceedings
Section 24 Maintenance pendente lite and expenses of proceedings
Section 25 Permanent alimony and maintenance
Section 26 Custody of children
Section 27 Disposal of property
Section 28 Appeals from decrees and orders