Section 40A of SMA : Section 40A: Power To Transfer Petitions In Certain Cases

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 transferred to the Mumbai district court, where Alisha's earlier petition for judicial separation was filed. Both cases would then be combined and heard together in the Mumbai court. This ensures a more efficient legal process and reduces the possibility of conflicting judgments from different courts.