Can potentiality of transfer petition under Section 21A of Hindu Marriage Act be invoked: SC explains
9th November, 2020
SC stated that transfer of appeal under section 21A (Hindu Marriage Act) could shall on only when an appeal is looking for Judicial Preparation (Section 10) or appeal looking for divorce (Section 13).
Section 21A of the Hindu Marriage Act does not deprive the SC power, which spells out under section 25(1) of the code of civil procedure stated by Justice V. Ramasubramanian.
For instance, husband registers a divorce appeal in front of Pune family Court. In return, the wife also reported an appeal for martial rights. Both of them followed the Apex court for transfer from Pune to Delhi.
Permitting the transfer request of the wife, the bench does not allow the option of travel expenses for the wife. As the wife does not have any job and she blamed for maintenance is not heinously crisis - Judge stated this.
Sub-Section (1) of Section 21A spell out that petition either filed for divorce or judicial separation detailed under section 10 or 13 is filed by District Court as the case gives glimpses that subsection (1) invokes in both situations & section 3 spells out that later appeal will also transfer if the earlier petition is pending.