Amendment status not verified — confirm the current text below against the official source.
Application of Act 5 of 1908.―Subject to the other provisions contained in this Act, and to such rules as the High Court may make in this behalf, all proceedings under this Act shall be regulated, as far as may be, by the Code of Civil Procedure, 1908 (5 of 1908). 5[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;