- (1.) ORDER :- This is a petition for transfer of the Matrimonial Petition, 31 of 1986 of the Family Court, Jaipur, to the City Civil Court, Bombay, in its matrimonial jurisdiction.
(2.) Briefly stated the facts of the case are that on or about 11th Dec. 1985, a matrimonial petition was filed at Bombay in the City Civil Court in its matrimonial jurisdiction. That petition bears No. 1165 of 1985. The said petition was filed under S.13, Hindu Marriage Act, 1955, for a decree of divorce (hereinafter referred to as Bombay petition). This petition was filed by the petitioner (wife) against her husband, non-petitioner. The non-petitioner (husband) filed a petition on or about 12th Dec. 1985, in the Family Court, Jaipur, for divorce under S.13, Hindu Marriage Act, 1955, on the ground of desertion (bearing Matrimonial Petition No. 31 of 1986; hereinafter referred as Jaipur Petition). Both the Bombay petition and the Jaipur petition are for divorce under S.13 of the said Act and are governed by the provisions of the Hindu Marriage Act, 1955.
(3.) An application under S.21A, Hindu Marriage Act, 1955 read with S.23, Civil P.C. has been filed by the petitioner for transferring the Jaipur petition to the city Civil Court, Bombay, in its matrimonial jurisdiction. There is no dispute between the parties that Jaipur petition was filed subsequently to the filing of the Bombay petition. S.21A, Hindu Marriage Act, 1955, reads as under :- "21A. Power to transfer petitions in certain cases (1) where - (a) a petition under this Act has been presented to a district court having jurisdiction by a party to a marriage praying for a decree for judicial separation under S.10 or for a decree of divorce under S.13, and (b) another petition under this Act has beer presented thereafter by the other party to the marriage praying for a decree for judicial separation under S.10 or for a decree of divorce under S.13 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 petitions shall be dealt with as specified in Sub-S.(2). (2) In a case where Sub-Sec. (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 cl. (b) of Sub-S.(2) applies, the court or the Government, as the case may be, competent under the Code of Civil Procedure, 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.";