GUDA VIJAYALAKSHMI versus GUDA RAMCHANDRA SEKHARA SASTRY

Section 25 of the Civil Procedure Code is not excluded by sections 21 or 21A of the Hindu Marriage Act, 1955 and the Supreme Court retains the power to transfer any suit, appeal, or proceeding for ends of justice; both maintenance and divorce petitions can be tried together by transferring proceedings to a single court.

Parties: Petitioner: Guda Vijayalakshmi; Respondent: Guda Ramchandra Sekhara Sastry
Jurisdiction: India
Judgment Date: 13 March 1981
Procedural Posture: Transfer Petition / Original Jurisdiction
Outcome: Preliminary objection overruled; transfer petition allowed.
Legal Topics: Transfer of Proceedings, Jurisdiction of Supreme Court, Hindu Marriage Act, Application of Civil Procedure Code

Family Law Civil Procedure Transfer of Proceedings Jurisdiction of Supreme Court Hindu Marriage Act Application of Civil Procedure Code

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Full judgment text Legal principles 4 Authorities cited 6 Party arguments 2 Amounts and remedies 1

Parties

Guda Vijayalakshmi

Petitioner

Guda Ramchandra Sekhara Sastry

Respondent

Procedural Posture

Transfer Petition / Original Jurisdiction

Legal Issues

1 Whether section 25 of CPC is excluded by sections 21 and 21A of the Hindu Marriage Act, 1955 in transfer of proceedings under the Act
2 Whether Supreme Court has power to transfer proceedings under the Hindu Marriage Act

Ratio Decidendi

Court Disposition

Preliminary objection overruled; transfer petition allowed.

Orders

Divorce Case No. 28 of 1980 pending in District Court Udaipur (Rajasthan) is transferred to District Court Eluru (Andhra Pradesh).
Wife's petition for maintenance shall also stand transferred to District Court Eluru (Andhra Pradesh).