Andhra Pradesh HC Affirms Additional District Judges' Power To Adjudicate Divorce Petitions Under Special Marriage Act

The Bench of Justice R. Raghunandan Rao further added that Section 11(2) empowers the District Judge to transfer any case to the Additional District Judge who would have the same power as that of the District Judge in disposing of the transfer cases.

“Even otherwise Section 11(2) empowers the District Judge to transfer any case to the Additional District Judge who would have the same power as that of the District Judge in disposing of the transfer cases. In the circumstances, it cannot be held that an Additional District Judge is barred from considering or disposing of divorce petitions filed under the Special Marriage Act”, held the Court.

The petitioner and respondent got married under the Special Marriage Act, 1954. Due to differences, the respondent filed cases including a maintenance case, domestic violence case, and a divorce petition.

The respondent filed a petition seeking the transfer of the divorce petition from the Court of the Principal District Judge, Eluru, to the Court of the III Additional District Judge, Bhimavaram which was allowed by the Principal District Judge of West Godavari District, Eluru.

Senior Advocate P. Venugopala Rao appeared for the Petitioner and Advocate P.N. Murthy appeared for the Respondent.

The petitioner's Senior Counsel contended that according to Section 27 of the Special Marriage Act, divorce petitions can only be filed before the Principal District Judge or a court specified by the State Government, and transfers should not be permitted.

The respondent's Counsel argued that the definition of "district court" under Section 2(e) of the Act includes both the Principal District Judge and any other civil court specified by the State Government. The respondent's counsel also mentioned a circular issued by the combined High Court empowering Principal District Judges to transfer cases to Additional District Courts.

The petitioner argued against the applicability of the circular to this case and emphasized that administrative circulars do not bind the court's judicial decisions.

The Court ruled that the term "district court" in Section 2(e) of the Special Marriage Act has an inclusive definition, which means it can encompass other courts specified by the State Government.

“In view of the usage of the word “includes”, the said definition would have to be treated as an inclusive/extensive definition. An inclusive definition would mean that certain objects or entities, which may not fall within the ambit of the definition, are brought within the ambit of the definition and in some cases included by way of abundant caution. Such inclusive definitions are never treated as an exhaustive enumeration or objects or entities mentioned in the definition alone. Such an inclusive definition would mean that there can be other categories or classes of objects or entities falling within the ambit of the definition, even if they have not been specifically enumerated in the definition", the Court held.

The Court also mentioned that Section 40-A of the Act, which dealt with transfer of divorce petitions, does not prohibit transfers within a district. The Court pointed out that A.P. Civil Courts Act, 1972 provides for establishment of District Courts and appointment of Additional District Judges, under Section 10 and 11 of the Act.

“This provision makes it amply clear that both the District Judge and the Additional District Judge are part of the District Court. This gains significance as Section 27 requires an application to be filed before the District Court and not before the Principal District Judge”, the Court held. 

The Court referred to a previous judgment in a different case involving the Arbitration and Conciliation Act to support the conclusion that an Additional District Judge can handle cases under the Special Marriage Act.

The Court dismissed the civil revision petition, allowing the transfer of the divorce petition to the Court of the III Additional District Judge.

Cause Title: Vase Ananda Rao v. Vase Lakshmi Pragna

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