Section 21A of HMA : Section 21A: Power To Transfer Petitions In Certain Cases

Explanation using Example

Imagine a husband files for divorce in Mumbai, citing cruelty by his wife. He submits his petition to the Mumbai District Court. A few weeks later, the wife also decides to file for divorce on the grounds of desertion, but she lives in Delhi and submits her petition to the Delhi District Court.

Under Section 21A of The Hindu Marriage Act, 1955, because both parties have filed petitions for divorce (though on different grounds and in different courts), the law allows for these petitions to be consolidated. The wife's later petition in Delhi would be transferred to the Mumbai District Court, where the husband's earlier petition was filed. Consequently, both matters would be heard together in the Mumbai District Court, ensuring a more efficient legal process and preventing contradictory judgments from different courts.