[40-A. Power to transfer petitions in certain cases
(a) a petition under this Act 0has 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).
(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.
40-B. Special provision relating to trial and disposal of petitions under the Act
40-C. Documentary evidence
Section 40 • The Special Marriage Act, 1954
40. Application of Act V of 1908
special-marriage-act-1954-sec-40.json
•
Section 40
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"number": "40",
"title": "40. Application of Act V of 1908",
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"content": "[40-A. Power to transfer petitions in certain cases\n(a) a petition under this Act 0has 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\n(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).\n(a) if the petitions are presented to the same district Court, both the petitions shall be tried and heard together by that district Court;\n(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.\n40-B. Special provision relating to trial and disposal of petitions under the Act\n40-C. Documentary evidence",
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