The High Court may, whenever it thinks fit, remove and try and determine as a Court of original jurisdiction any suit or proceeding instituted under this Act in the Court of any District Judge within the limits of its jurisdiction under this Act.
Power to transfer suits.The High Court may also withdraw any such suit or proceeding, and transfer it for trial or disposal to the Court of any other such District Judge.
Simplified Explanation
This section of the Indian Divorce Act, 1869, provides the High Courts with special powers to manage matrimonial cases. These powers ensure flexibility and fairness in the administration of justice. Let’s break it down:
1. Extraordinary Jurisdiction of the High Court:
- The High Court has the authority to:
- Remove any suit or proceeding filed under this Act from the jurisdiction of a District Judge within its territorial limits.
- Try and determine such cases as a Court of original jurisdiction.
- This means the High Court can directly handle the case as if it were the trial court.
When is this power used?
- This extraordinary jurisdiction may be exercised in cases where:
- The complexity or importance of the case warrants direct attention from the High Court.
- There is a need to ensure impartiality, fairness, or expeditious disposal.
2. Power to Transfer Suits:
- The High Court also has the authority to:
- Withdraw any suit or proceeding under this Act from one District Court.
- Transfer it to another District Court for trial or disposal.
Why transfer suits?
- Suit transfers may occur in circumstances such as:
- Convenience: When it is more convenient for the parties or witnesses to appear in another court.
- Impartiality: To prevent bias or conflict of interest if there is a concern about the original District Judge’s neutrality.
- Efficiency: To expedite the case or resolve administrative bottlenecks.
Purpose of Section 8:
- Flexibility:
- Allows High Courts to intervene directly in important or complex cases.
- Ensures that justice is not hindered by jurisdictional limitations.
- Fairness:
- Empowers the High Court to prevent any potential misuse of authority or bias at the District Court level.
- Efficient Case Management:
- Facilitates the transfer of cases to ensure smooth and timely resolution.
- Prevents delays caused by overburdened or inefficient District Courts.
Key Takeaways:
- The High Court can directly handle matrimonial suits from any District Judge under its jurisdiction, acting as a trial court in exceptional cases.
- It can also transfer cases between District Courts to ensure convenience, impartiality, or efficiency.
- This section reflects the High Court’s supervisory role in matrimonial matters under the Indian Divorce Act.
