Section 8 of DA : Section 8: Extraordinary Jurisdiction Of High Court

Explanation using Example

Imagine a couple, John and Jane, who are seeking a divorce. They initially file their divorce suit in the Court of a District Judge in Mumbai. However, due to the complexity of their case, which involves substantial property disputes and child custody issues, their lawyer believes that the case would benefit from the expertise and resources of the High Court.

The lawyer files a petition for the transfer of their suit to the High Court. Considering the circumstances, the High Court deems it appropriate to exercise its power under Section 8 of The Divorce Act, 1869. The High Court decides to remove the case from the District Court and try it as a Court of original jurisdiction, ensuring that the matter is handled with the required judicial attention it demands.