(1) Where-
(a) a petition under this Act has been presented to the district court having jurisdiction by a party to the marriage praying for a decree for judicial separation under section 23 or for a decree of divorce under section 27, and
(b) another petition under this Act has been presented thereafter by the other party to the marriage praying for decree for judicial separation under section 23, or for decree of divorce under section 27 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 petition 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.
THE SPECIAL MARRIAGE ACT, 1954; ACT NO 43 OF 1954. An Act to provide a special form of marriage in certain cases, for the registration of such and certain other marriages and for divorce. Come into force from 9th October, 1954.
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April
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- 21.Succession to property of parties married under...
- 21A. Special provision in certain cases.
- CHAP RESTITUTION OF CONJUGAL RIGHTS AND JUDICIAL S...
- 22. Restitution of conjugal rights.
- 23. Judicial separation.
- CHAP NULLITY OF MARRIAGE AND DIVORCE CHAPTER VI NU...
- 24. Void marriages.
- 25. Voidable marriages.
- 26. Legitimacy of children of void and viodable ma...
- 27. Divorce.
- 27A.Alternative relief in divorce proceedings.
- 28. Divorce by mutual consent.
- 29. Restriction on petitions for divorce during fi...
- 30. Remarriage of divorced persons.
- CHAP JURISDICTION AND PROCEDURE CHAPTER VII JURISD...
- 31. Court to which petition should be made.
- 32. Contents and verification of petitions.
- 33. Proceedings to be in camera and may not be pri...
- 34.Duty of court in passing decrees.
- 35. Relief for respondent in divorce and other pro...
- 36. Alimony pendente lite.
- 37. Permanent alimony and maintenance.
- 38.Custody of children.
- 39. Appeals from decrees and orders.
- 39A. Enforcement of decrees and orders.
- 40. Application of Act 5 of 1908.
- 40A. Power to transfer petitions in certain cases.
- 40B. Special provision relating to trial and dispo...
- 40C. Documentary evidence
- 41. Power of High Court to make rules regulating p...
- CHAP MISCELLANEOUS CHAPTER VIII MISCELLANEOUS
- 42. Savings
- 43. Penalty on married person marrying again under...
- 44. Punishment of bigamy
- 45. Penalty for signing false declaration or certi...
- 46. Penalty for wrongful action of Marriage Officer.-
- 47. Marriage Certificate Book to be open to inspec...
- 48. Transmission of copies of entries in marriage ...
- 49. Correction of errors.-
- 50. Power to make rules.
- 51. Repeal and savings.
- THE SPECIAL MARRIAGE ACT, 1954 – sections & subjects.
- THE SPECIAL MARRIAGE ACT, 1954 ACT NO. 43 OF 1954 ...
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