Section 21A HMA: Power to transfer petitions in certain cases
Hindu Marriage Act, 1955
Section 21A HMA at a Glance
Section 21A HMA applies when one spouse files for judicial separation or divorce and the other spouse later files too. Both petitions are heard together, and a later petition in another district court is transferred to the earlier district court.
Section 21A HMA Bare Act Text
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 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.
Amendments to this section
- Ins. by Act 68 of 1976, s. 14, (w.e.f. 27-5-1976).
Section 21A HMA in Simple Words
Section 21A HMA governs how courts handle two separate petitions when both spouses file against each other for judicial separation or divorce under the Hindu Marriage Act, 1955. Inserted by Act 68 of 1976 with effect from 27 May 1976, Section 21A HMA prevents two parallel trials of those matrimonial disputes in separate proceedings.
Section 21A(1) HMA sets out when the rule applies. First, under clause (a), one party to a marriage must have presented a petition to a district court having jurisdiction (under Section 19 HMA), praying for a decree for judicial separation under Section 10 HMA (after which the petitioner is no longer obliged to cohabit with the respondent) or for a decree of divorce under Section 13 HMA. Second, under clause (b), the other party to the marriage must have presented another petition thereafter praying for judicial separation under Section 10 HMA or divorce under Section 13 HMA on any ground, whether in the same district court or a different district court, and whether in the same State or a different State.
Section 21A(2) HMA sets the consequence in two situations. Under clause (a), if both petitions are presented to the same district court, that district court tries and hears both petitions together. Under clause (b), if the petitions are presented to different district courts, the petition presented later must be transferred to the district court where the earlier petition was presented, and that earlier district court hears and disposes of both petitions together.
Section 21A(3) HMA explains how a transfer between different district courts under Section 21A(2)(b) HMA is carried out. Whichever court or Government is competent under the Code of Civil Procedure, 1908 (Act 5 of 1908) to transfer a suit or proceeding from the district court where the later petition was presented to the district court where the earlier petition is pending exercises its powers to transfer the later petition, as if empowered to do so under the Code of Civil Procedure, 1908.
In an area that has a Family Court, these petitions go to the Family Court instead of the district court: section 7 of the Family Courts Act, 1984 gives the Family Court this jurisdiction, and section 8 of that Act stops the district court from exercising it there. Section 21A HMA then works the same way between those courts.
When Section 21A HMA Applies
- One spouse presents an earlier petition to a district court having jurisdiction, praying for judicial separation under Section 10 HMA or divorce under Section 13 HMA (Section 21A(1)(a) HMA).
- The other spouse thereafter presents a second petition praying for judicial separation under Section 10 HMA or divorce under Section 13 HMA on any ground, in the same or a different district court and in the same or a different State (Section 21A(1)(b) HMA).
- If both petitions are in the same district court, that district court tries and hears both petitions together (Section 21A(2)(a) HMA).
- If the petitions are in different district courts, the later petition is transferred to the district court where the earlier petition was presented, which hears and disposes of both together (Section 21A(2)(b) HMA).
- The transfer is ordered by the court or the Government competent under the Code of Civil Procedure, 1908 to transfer a suit or proceeding between those two district courts (Section 21A(3) HMA).
Example of Section 21A HMA
FAQs on Section 21A HMA
What is Section 21A HMA?▼
Section 21A HMA provides for joint hearing and transfer when one spouse files a petition for judicial separation under Section 10 HMA or divorce under Section 13 HMA and the other spouse files a later petition under Section 10 HMA or Section 13 HMA. If filed in the same district court, both petitions are tried together, and if filed in different district courts, the later petition is transferred to the district court where the earlier petition was presented.
Which petition gets transferred under Section 21A(2)(b) HMA when spouses file in different district courts?▼
The petition presented later. Under Section 21A(2)(b) HMA, the later petition is transferred to the district court in which the earlier petition was presented, and that district court hears and disposes of both petitions together.
Does Section 21A HMA apply when one spouse files for judicial separation and the other files for divorce?▼
Yes. Section 21A(1) HMA covers any combination where the earlier petition prays for judicial separation under Section 10 HMA or divorce under Section 13 HMA and the later petition by the other spouse prays for either judicial separation under Section 10 HMA or divorce under Section 13 HMA on any ground.
Does Section 21A HMA apply when the two district courts are in different States?▼
Yes. Section 21A(1)(b) HMA expressly applies whether the second petition is presented in the same State or in a different State.
Who exercises the power to transfer the later petition under Section 21A(3) HMA?▼
The court or the Government competent under the Code of Civil Procedure, 1908. Under Section 21A(3) HMA, whichever authority is competent under that Code to transfer a suit or proceeding from the later district court to the earlier district court exercises its powers to transfer the later petition.
Have questions about Section 21A HMA?
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Sources: Bare Act Text, Hindu Marriage Act, 1955 ·