Section 40A of SMA : Section 40A: Power To Transfer Petitions In Certain Cases
The Special Marriage Act, 1954
Bare Act
- CHAPTER VII: JURISDICTION AND PROCEDURE
40A Power to transfer petitions in certain cases - (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 petitions 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.
Simplified Act
Simplified Explanation of Section 40A of The Special Marriage Act, 1954:
(1) If a husband or wife has already asked a district court for a legal separation or divorce, and then the other spouse asks for the same thing either in the same court or a different one:
- (a) If both requests are made in the same court, the court will handle and decide on both at the same time.
- (b) If the requests are in different courts, the second re...
Explanation using Example
Imagine a couple, Alisha and Rohan, who got married under the Special Marriage Act. After some years, Alisha files for judicial separation in the district court of Mumbai, where they reside. A few weeks later, Rohan decides to file for divorce, but he has moved to Delhi for work and files the petition in the district court of Delhi.
According to Section 40A of the Special Marriage Act, Rohan's later petition for divorce in Delhi would be tran...