GUDA VIJAYALAKSHMIversusGUDA RAMCHANDRA SEKHARA SASTRY

                                                                             223

                       GUDA VIJAYALAKSHMI                                               A
                                    v.
          GUDA RAMCHANDRA SEKHARA SASTRY

                            March 13, 1981
                                                                                        B
        [ V.D. TULZAPURKAR AND AMRENDRA NATH SEN, JJ.]

    Transfer of proceedings under the Hindu Marriage Act-Power of the Supreme
Court to transfer under section 25 of the Civil Procedure Code-Whether section
25 C.P.C. gets excluded by reason 0{ provisions of sections 21 and 21A of the
Hindu Marriage Act, 1955.

        The petitioner (wife) filed a suit (O.P. 72/79) in forma pauperis seeking
                                                                                        c
 maintenance from the respondent (husband) in the court of subordinate Judge,
 Elum (Andhra Pradesh). On the receipt of the notice of the suit, the respondent
 filed a divorce suit (Petition Case No. 28/1980) against the wife under section 13
, of the Hindu Marriage Act, 1955 in the court of the District Judge, Udaipur
  (Rajasthan). By the instant transfer petition filed under section 25 C.P.C.,
  1908, the wife sought to get the suit at Udaipur transferred to Eluru.                D
       A preliminary objection was raised to the effect that section 25 of the
 Civil Procedure Code, which gets excluded by reason of the provisions of sec-
 tions 20 and 21 of the Hindu Marriage Act, 1955, is not applicable to proceed-
 ings under the said Act and as such the Supreme Court has no power to transfer
 the husband's suit from Udaipur District Court, Udaipur (Rajasthan) to Eluru
 District Court, Eluru (A.P.).                                                          E
      Rejecting the preliminary objection, the Court

      HELD : Per curiam

       On merits, it is expedient for the ends of justice to transfer the husband's
 suit pending in the District Court Udaipur (Rajasthan) to the District Court at        F
 Eluru (Audhra Pradesh), where both the proceedings could be tried together and
 for that purpose, the wife is agreeable to have her maintenance suit transferred
 to the District Court at Eluru (A.P.). [226 A-Bl

       Per Tulzapurkar J.

        1. It will invariably be expedient to have a joint or consolidated hearing or   G
 trial by one and the same Court of a husband's petition for restitution of con-
 jugal rights on the ground that the wife has withdrawn from his society withont
 reasonable excuse under section 9 of the Hindu Marriage Act and the wife's
  petition for judicial separation against her husband on ground of cruelty under
  section 10 of the said Act in order to avoid conflicting decisions being rendered
  by twG> different Courts. In such a situation rnsort will have to be had to tltc!
                                                                                        H
    224                   SUPREME COURT REPORTS                       (I 981] 3 S.C.R.

A   powers under sections 23 to 25 of the Civil Procedure Code for directing transfer
    of the petitions for a consolidated hearing. [228 G-H, 227 A]

          2:1. On a proper construction of the relevant provisions, it cannot be said
    that the substantive provision contained in section 25 Civil Procedure Code is
    excluded by reason of section 21 of the Hindu Marriage Act. 1955. [226 FJ

B          2 ;.2. In terms, section 21 C.P.C. does not make any distinction between pro-
    cedural and substantive provisions of C.P.C. and all that it provides is that the
    Code, as far as may be, shall apply to all proceedings under the Act and the
    phrase "as far as may be" means and is intended to exclude only such provi-
    sions of the Code as are or may be inconsistent with any of the provisions of
    the Code. It is impossible to say that such provisions of the Code as partake
c   of the character of substantive law are excluded by implication as no such imp-
    lication can be read into section 21 of the Act and a particular provisio.n of the
    Code irrespective of whether it is procedural or substantive will not apply only
    if it is inconsistent with any provisions of the Act. [226 G-H, 227 A-BJ

           3. Section 21A of the Hindu Marriage Act, 1955 does not exclude the
    power of transfer conferred upon the Supreme Court by the present section 25
    C.P.C., in relation to proceedings under that Act. The marginal note of sec-
D   tion 21 A itself makes it clear that it deals with power to transfer petitions and
    direct their joint or consolidated "trial in certain cases" and is not exhaustive.
    Section 21A does not deal with the present section 25 C.P.C. which has been
    substituted by an amendment which has come into force with effect from Febru-
    ary 1, 1977 (section 11 of the Amending Act 104, 1976). By the amendment
    very wide and plenary power has been conferred on the Sllpreme Court for the
    first time to transfer any suit, appeal or other proceedings from one High Court
    to another High Court or from one Civil Court in one State to another Civil
E   Court in any other State throughout the country. Conferal of such wide and
    plenary power on the Supreme Court could not have been in contemplation
     of Parliament at the time of enactment of section 21 A of the Hindu Marriage
    Act, 1955. [227 C-D, F-H, 228 A-BJ

          Smt. Rama Kanta v. Ashok Kumar, AIR 1977 Punjab & Haryana 373 and
F   P,.iyavari Mehta v. Priyanath Mehta, AlR 1980 Bombay 337, overruled.

          Per Amre11dra Nath Sen, J.'
                                      ...
          I.   A plain reading of section 25 C.P.C. clearly indicates that very wide
    jurisdiction and powers have been conferred on the Supreme Court to transfer
    any suit, appeal or any other proceedings from a High Court or other Civil
    Court in any State to a High Court or other Civil Court in any other State
G   for the ends of justice. Supreme Court enjoys the power and jurisdiction to
     entertain the transfer application under section 25 of the Code of Civil Proce-
     dure. [230 F, 233 DJ

           2: t. Sections 21 and 21A of the Hindu Marriage Act do not in Ut?Y
H    way, exclude, effect or curtail the power conferred on the Supreme Court under
     section 25 of the Code of Civil Procedure. If the jurisdiction clearly :onfer.red
            G. VIJAYALAKSHMI v. G. RAMACHANDRA (Tulz:ipurkar, J.)              225

     en any court has to be ouited, the exclusion of such jurisdiction must be made    A
     in clear and unequivocal terms. [232E, 2330]

          2 : 2. Section 21 of the Hindu Marriage Act only provides that "all
     proceedings under the Hindu Marriage Act shall be regulated as far as may
     be by the Code. of Civil Procedure, 1908". Section 21 of the Hindu Marri-
     age Act does not deal with the question of jurisdiction of any court and it
     cannot be construed to exclude the jurisdiction conferred on the Supreme          B
     Court under section 25 C.P.C. [232 E-G]

          2: 3. Section 21A of the Hindu Marriage Act has, indeed, no bearing
     on the question of jurisdiction conferred on the Supreme Court under section 25
     C.P.C. Section 21 A has no application to the case of transfer of any suit or
     proceeding from one State to another. [233 B-C]
                                                                                       c
           2 : 4. The Supreme Court must necessarily enjoy the power and juris-
     diction under the provisions of section 25 C.P.C. of transferring such a suit
     er proceeding for the ends of justice unless the pO\yer and jurisdiction of the
     Supreme Court are specifically taken away by any statute. [2320-E]

           3. Section 25 of the Code of Civil Procedure came into force after          D
     section 21 and 21A of the Hindu Marriage Act have been incorporated in1the
     Hindu Marriage Act, 1955 and as such section 25 of the Code overrides
     sections 21 and 21 A of the Hindu Marriage Act. [233 A-El

..          ORIGINAL JURISDICTION : Transfer Petition No. 36 of 1980.

           Petition under section 25 of the Code of Civil Procedure for                E
     transfer of case No. 28 of 1980 Misc. (36) pending in the Court of
     the Distt. Judge, Udaipur (Rajasthan) to the Court of Subordinate
     Judge, Eluru (Andhra Pradesh) to be tried a\ongwith 0 P. No. 72
     ot i 979 pending in that court.

            G. S. Rama Rao for the Petitioner.                                         F
            B. D. Sharma for the Respondent.

            The following Judgments were delivered :

            TULZAPURKAR, J. On September 26, 1979, the petitioner (wife)               G
     filed a suit in Jonna pauperis seeking maintenance from the respon-
     dent (her husband) in the Court of Subordinate Judge, Eluru
     (Andhra Pradesh) being 0. P. No. 72 of 1979. On the receipt of
     the notice of the suit, the respondent filed a divorce suit (Petition
     Case No. 28 of l 980) against the wife under s. 13 of the Hindu                   H
     Marriage Act, 1955 in the Court of the District Judge, Udaipur
     (Rajasthan). By the instant transfer petition filed under s. 25 C.P.C.
    226                     SUPREME COURT REPORTS         (1981) 3 S.C.R.

A   1908 the wife is seeking to get the husband's suit transferred to
    Eluru. On merits we are satisfied that it is expedient for the ends
    of justice to transfer the husband's suit to the District Court at
    Eluru (A.P.) where both the proceedings could be tried together and
    for that purpose the wife is agreeable to have her maintenance suit
    transferred to the District High Court at Eluru (A.P.)
B
           However, counsel for the respondent (husband) has raised
    before us a preliminary objection that s. 25 of the C.P.C. under
    which the transfer petition has been made is not applicable to
    proceedings under the Hindu Marriage Act, 1955 and as such this
    Court has no power to transfer the husband's suit from Udaipur
    District Court to the District Court at Eluru. He urged that s. 25
    of C.P.C. gets excluded by reason of the provisions of s. 21 and
    21A of the Hindu Marriage Act 1955. According to him s. 25
    C.P.C. deals with the· substantive law and not procedural law and
    since s. 21 of the Hindu Marriage Act makes applicable to all the
    proceedings under the Act only such provisions of C.P.C. as relate
D   to the regulation of proceedings i.e. such provisions which deal with
    procedural matters only, s. 25 C.P.C. is not applicable. He also
    urged that s. 21 A (3) of the Hindu Marriage Act also makes the
    above position clear beyond doubt by specifically excluding ss. 24
    and 25 C.P.C. from being applied to the proceedfogs under the
                                                                            ...   '



    Hindu Marriage Act. A large number of authorities were referred
E   to by counsel to substantiate his contention and general principles
    but in particular one decision of the Nagpur Bench of the Bombay
    High Court in the case of Priyavari Mehta v. Priyanath Mehta( 1) was
    pressed into service as having a direct bearing on the point.

           In our view, on proper construction of the relevant provisions
F   it is not possible to uphold the preliminary objection. In the first
    place it is difficult to accept the contention that the substantive
    provision contained in s. 25 C.P.C. is excluded by reason of s. 21
    of the Hindu Marriage Act, 1955. Section 21 of the Hindu Marriage
    Act merely provides : "Subject to other provisions contained in
    this Act and to such rules as the High Court may make in that
G   behalf, all proceedings under this Act shall be regulated, as far as
    may be, by the Code of Civil Procedure, 1908". In terms s. 21 doe&
    not make any distinction between procedural and substantive pro.
    visions of C.P.C. and all that it provides is that the Code as far as
    may be shall apply to all proceedings under the Act and the phraSI!:
H
          (il   A.I.R. 19'3Q Boru. 337.
     . G. AIJAYALAKSHMI v. G. RAMACHA]'jDRA (Tulzapurkar J.)        227

"as far as may be" means and is intended to exclude only such               A
provisions of the Code as are or may be inconsistent with any of
the provisions of the Act. It is impossible to say that such pro-
visions of the Code as partake of the character of substantive law
are excluded by implication as no such implication can be read into
s. 21 and a particular provision of the Code irrespective of whether
it is procedural or substantive will not apply only if it is inconsis-      B
tent with any provision of the Act. For instance, it is difficult to
countenance the suggestion that the doctrine of res judicata contained
in s. 11 of the Code which partakes of the character of substantive
law is not applicable to proceedings under the Act. Resjudicata,
after all, is a branch or specie of the Rule of Estoppel called Estop-
pel by Record and though Estoppel is often described as a rule of           c
evidence, the whole concept is more correctly viewed as a substantive
rule of law (See : Canada and Dominion Sugar Co. Ltd. v. Canadian
 National (West Indies) Steamships Ltd.( 1 )

      So far ass. 2!A of the Hindu Marriage Act Is concerned the
marginal note of that section itself makes it clear that it deals with      D
power to transfer petitions and direct their joint or consolidated trial
"in certain cases" and is not exhaustive. Further sub-s. (3) of
s. 21A on which strong reliance was placed runs thus:

           "21A (3). In a case where clause (b) of sub-section (2)
      applies, the Court or the Government, as the case may be,             E
      competent under the Code of Civil Procedure, 1908 (5 of 1908)
      to transfer any suit for proceeding from the district court in
      which the later petition has been presented to the district court
      in which the earlier petition is pending, shall exercise its powers
      to transfer such later petition as if it had been empowered so
      to do under the said Code."                                           F

This provision in terms deals with the power of the Government or
the Court on whom powers of transfer have been conferred by the
C.P.C. as it then stood, that is to say, .olds. 24 and 25 of C.P.C.
It does not deal with the present s. 25 C.P.C. which has been substi-
tuted by an amendment which has come into force with effect from            G
February 1, 1977 (s. 11 of the Amending Act 104 of 1976). By the
amendment very wide and plenary power has been conferred on this
Court for the first time to transfer any suit, appeal or other proceed-
ings from one High Court to another High• Court or from one Civil
                                                                            H
     (I)   (1947] A.C. 46, P.C., at p. 56.
      228                 SUPREME COURT REPORTS               [1981] 3 S.C.R.

A     Court in one State to another Civil Court in any other State through-
      out the country. Conferal of such wide and plenary power on this
      Court could not have been in the contemplation of Parliament at
      the time of enactment of s. 21 A of the Hindu Marriage Act, 1955.
      It is, therefore, difficult to accept the contention that s, 21A of
      Hindu Marriage Act excludes the power of transfer conferred upon
B     this Court by the present s. 25 of C.P.C. in relation to proceedings
      under that Act.

             Coming to the decision rendered by the Nagpur Bench of the
      Bombay High Court in Priyavari Mehta's case (supra) it needs to be
      pointed out that the aforesaid aspects of s. 21 A of the Hindu
c     Marriage Act and the presents. 25 of the C.P.C. were not consider-
      ed by the Nagpur Bench at all. Moreover, the Nagpur Bench,
      following the decision of the Punjab and HaryanaJiigh Court in
      Smt. Rc,ma Kanta v. Asl10k Kumar( 1) has also taken the view that
      s. 21A of the Hindu Marriage Act permits transfer and consolidation
      of only two types· of petition under the Act, namely, cross petitions
D     filed by the two spouses against each other under s. I 0 or s. 13 of the
      Act and that consolidation or joint hearing of other types of
      petitions is excluded by necessary intendment. The Bench has
      observed

                  "The effect of s. 21A, therefore, in my op11110n, is that
E            joint or consolidated hearing or trials of petitions other than
             those mentioned in that section not being permissible, the
             powers under s. 23 to 25 of the Code cannot be exercised for
             transfer of petitions for a consolidated hearing of the petitions
             no! contemplated by that section."
F
      Such a view, in our opinion, is not correct. As stated earlier, in
      the matter of transfer of petitions for a consolidated hearing thereof
      s. 21 A cannot be regarded as exhaustive for the marginal note
      clearly suggests that the section deals with power to transfer petitions
      and direct their joint and consolidated trial "in certain cases."
      Moreover, it will invariably be expedient to have a joint or con-
G_J   solidated hearing or trial by one and the same Court of a husband's
                                                                                 y
      petition for restitution of conjugal rights on ground that the wife
      has withdrawn from his society without reasonable excuse under
      s. 9 of the Act and the wife's petition for judicial separation against
      her husband on grom1'tl of cruelty under s. I 0 of the Act in
H      order to avoid ~onflicting decisions being rendered by two different

            (1) AIR 1977 Punj. & Har. 373.
          G. VIJAYALAKSHMI v. G. RAMACHANDRA (A.N.        Sen, J.)      229

    Courts. In such a situation resort will have to be had to the powers        ·A
    under ss. 23 to 25 of the Civil Procedure Code for directing transfer
    of the petitions for a consolidated hearing. Reading s. 21A in the
    manner done by the Nagpur Bench which leads to anamolous results
    has to be avoided.

          In this view of the matter, the preliminary objection is over-        B
    ruled. Divorce case No. 28 of 1980 pending in the District Court
    Udaipur (Rajasthan) is transfered to the District Court Eluru (A.P.),
    to which Court the wife's petition for maintenance shall also stand
    transferred. No order as to costs.

            AMRENDRA NATH SEN, J. I agree with the order proposed by
    my learned brother. I, however, propose to make certain obser-
                                                                                 c
    vations with regard to the preliminary objection raised as to the
    jurisdiction of this Court to entertain this application. The pre-
    liminary objection raised is that the jurisdiction and power conferred
    on this Court under S. 25 of the Code of Civil Procedure are excluded
    by the provisions contained in S. 21 and S. 21 A of the Hindu               D
    Marriage Act; and as S. 25 of the Civil Procedure Code is .not
     attracted, this Court does not have jurisdiction to entertain this
     application for transfer. S. 25 of the Code of Civil Procedure reads
     as fQllOWS : -

         "(I) On the application of a party, and after notice to the
                                                                                 E
              parties, and after hearing such of them as desire to be
              heard, the Supreme Court may, at any stage, if satisfied
              that an order under this section is expedient for the ends
              of justice, direct that any suit, appeal or other proceeding
              be transferred from a High Court or other Civil Court in
              one State to a High Court or other Civil Court in any
                                                                                 F
              other State.

           (2) Every application under this section shall be mad~ by a
•              motion which shall be supported by an affidavit.

           (3) The Court to which such suit, appeal or other proceeding
               is transferred shall, subject to any special directions in the    G
               order of transfer, either re-try it or proceed from the
               stage at which it was transferred to it.

           (4) In dismissing any application under this section, thr.i
               Supreme Court may, if it is of opinion that the application       H
               was frivolous or vexatious, order the applicant to pay by
               way of compensation to any person who has oppo1ed th!l
    230                  SUPREME COURTS REPORTS              (1981 J S.C.R. 3

A              application such sum, not exceeding two thousand rupees,
               as it considers appropriate in the circumstances of the case.

          (5) The law applicable to any suit, appeal or other proceeding        ""'f'
              transferred under the section shall be the law which the
              court in which the suit, appeal or other proceeding was
B             originally instituted ought to have applied to such suit,
              appeal or proceeding."

    It may be noticed that the present section 25 was substituted for the
    former section 25 by the Code of Civil Procedure (Amendment) Act,
    1976. In this connection it may be relevant to set out S. 25 of the
c   Code of Civil Procedure, as it stood before its amendment by the
    substitution of the present section. The earlier section 25 was in the
    following terms :-

          "(I) Where any part to a suit, appeal or other proceeding
               pending in a High Court presided over by a single Judge
D              objects to its being heard by him and the Judge is satisfied
               that there are reasonable grounds for the objection, he
               shall make a report to the State Government, which may,
               by notification in the "Official Gazette, transfer such suit,
               appeal or proceeding in any other High Court :
                                                                                   -
E                   Provided that no suit, appeal or proceeding shall be
               transferred to a High Court without the consent of the
               State Government of the State that High Court has its
               principal seat.

           (2) The law applicable to any suit, appeal or proceeding so
F              transferred shall be the law which the Court in which the
               suit, appeal or proceeding was originally instituted ought
               to have applied to such case."
                                                                                  •
    A plain reading of S. 25 of the Code clearly indicates that very wide
    jurisdiction and powers have been conferred on this Court to
    transfer any suit, appeal or any other proceeding from a High Court
G
    or other Civil Court in any State to a High Court or other Civil
    Court in any other State for the ends of justice. I shall now set out
    the relevant provisions of the Hindu Marriage Act. S. 21 of the
    Hindu Marriage Act is in the following terms :-
H               "Subject to the other provisions contained in this Act and
           to such rules as the High Court may make in this behalf, all
      G. VIJAYALAKSHMI v. G. RAMACHANDRA (A.N. Sen, J.)             231

     proceedings under this Act shall be regulated, as far as may be        A
     by the Code of Civil Procedure, 1908."

Section 21A which was introduced in the Act by the Amending Act,
(68 of 1976) provided as follows
     "(1) where-                                                            B
         (a) a petition under this Act has been presented to a
             district court having jurisdiction by a party to a
             marriage praying for a decree for judicial separation
             under s. 10 or for a decree of divorce under section
             13, and

         (b) another petition under this Act has been presented
                                                                            c
             thereafter by the other party to the marriage praying
             for a decree for judicial separation under section 10
             or for a decree of divorce under section 13 on any
             ground, whether in the same district court or in a
             different district court, in the same State or in a
                                                                            D
             different State;

     the petition shall be dealt with as specified in sub-section (2)
     (2) in a case where sub-section (I) applies;

          (a) if the petitions are presented to the same district           E
              court, both the petitions shall be tried and heard
              together by that Court :

          (b) if the petitions are presented to differeut district
              courts, the petition presented later shall be trans-
              ferred to the district court in which the; earlier petition
                                                                            F
              was presented and both the petitions shall be heard
              and disposed of together by the district court in which
              the earlier petition was presented.

     (3) In a case where clause (b) of sub-section (2) applies, the         G
         court or the Government as the case may .be, competent
         under the Code of Civil Procedure, 1908 to transfer any
         suit or proceeding from the district court in which the
         later petition has been presented to the district court in
         which the earlier petition is pending, shall exercise its          H
         powers to transfer such later petition as if it._had been
          empowered so to do under t~e said· Code."
    232               SUPREME COURT REPORTS              [1981] 3 S.C.R.

A   The learned counsel for the respondent argues that in view of the
    provisions contained in S. 21, only the provisions contained in the
    Code of Civil Procedure relating to procedure which will regulate
    the proceedings instituted under the Hindu Marriage Act, 1955 ~ill
    apply; and as S. 25 of the Code of Civil Procedure does not apper-
    taill to the domain of procedure and confers substantive right, the
B   said section is not applicable and cannot be attracted. It is argued
    that this position is further made clear by the provisions contained
    in S. 2IA.

          In my opinion, this argument of the learned counsel for the
    respondent husband is without any substance. I have earlier set
c   out section 25 of the Code of Civil Procedure and I have pointed
    out that an analysis of the section makes it abundantly clear that
    for the ends of justice, wide power and jurisdiction have been con-
    ferred on this Court in the matter of transfer of any suit, appeal or
    proceeding from any High Court or other Civil Court in one State
    to a High Court or other Civil Court in any other State. A suit or
D
    a proceeding for divorce under the Hindu Marriage Act in a Civil
    Court is necessarily a suit or proceeding and must on a plain
    reading of S. 25(1) of the Code of Civil Procedure be held to come
    under S. 25(1) of the Code, as the said section speaks of any suit,
    appeal or other proceeding. This Court must necessarily enjoy the
E   power and jurisdiction under the said provisions of transferring
    such a suit or proceeding for the ends of justice, unless the power
    and jurisdiction of this Court are specifically taken away by any
    statute. If the jurisdiction clearly conferred on any Court has to
    be ousted, the exclusion of such jurisdiction must be made in clear
    and unequivocal terms. S. 21 of the Hindu Marriage Act does not
F   deal with the question of jurisdiction of any Court. As no proce-
    dure with regard to the proceedings under the Hindu Marriage Act
    has been laid down in the said Act, S. 21 of the Act only provides
    that 'all proceedings under this Act shall be regulated as far as may
    be by the Code of Civil Procedure.' S. 21 of the Hindu Marriage
    Act cannot be construed to exclude the jurisdiction conferred on
G   this Court under S. 25 of the Code of Civil Procedure. It does not
    become necessary in the instant case to decide whether the provision
    in relation to jurisdiction of this Court contained in S. 25 of the
     Code of Civil Procedure is one of substantive law or it belongs to
     the domain of Procedure. Even if I accept the argument of the
H    learned counsel for the respondent that S. 25 does not form any .
    part of the procedural law and is a part of the substantive law, I am
    of the opinion that jurisdiction conferred on this Court by S. ZS of.
           G. VIJA YALAKSHMI V. G. RAMACHANDRA (A.N. Serl, J.)         233

    the Code of Civil Procedure, is not in any way, affected by S. 21 of       A
    of the Hindu Marriage Act which, as I have already noted, only .
    provides that 'all proceedings under the Hindu Marriage Act shall
    be regulated as far as may be by the Code of Civil Procedure, 1908.'

             S. 21 A of the Hindu Marriage Act, in my opinion, has indeed
      no bearing on the question of jurisdiction conferred on this Court       B
    , under S. 25 of the Code of Civil Procedure. S. 21A of the Hindu
      Marriage Act makes provisions for transfer of petitions specified in
      the said section and for hearing and disposal of such petitions
       together by the District Court in which the earlier petition has been
       presented. Such power bas been conferred on the Court or tbe
       Government. S. 21 A has no application to the case of transfer of       c
       any suit or proceeding from one State to another. As I have earlier
       noted, very wide power and jurisdiction have been conferred on this
1      Court in the interest of justice for transferring any appeal, suit or
       proceeding from one State to another under S. 25 of the Code of
       Civil Procedure. In the instant case, tbe petitioner bas applied for
       transfer of the suit pending in the District at Udaipur in tbe State    D
       of Rajastban to the appropriate Court at Eluru in the State of
       Andhra Pradesh. I am, therefore, of the opinion that this Court
       enjoys the power and jurisdiction to entertain this application under
        S. 25 of the Code of Civil Procedure and S. 21 and S. 21 A of the
       Hindu Marriage Act do not, in any way, exclude, affect or curtail
       the power conferred on this Court under S. 25 of the Code of Civil      E
       Procedure. I may incidentally add that the present section 25 in
      ,the Code of Civil Procedure came into force after S. 21 and 21A
       have been incorporated in the Hindu Marriage Act, 1955.

     V.D.K.                                  Preliminary objection rejected.