AIR 1981 SUPREME COURT 1143 ::(1981) MarriLJ 218 ::1981 UJ (SC) 695 ::(1981) HinduLR 312 ::1981 SCC(Cri) 574 ::1981 (2) SCC 646 ::(1981) 94 Mad LW 66 ::1981 All WC 346 ::(1981) All WC 345 ::1981 BBCJ 143 ::(1981) 2 SCWR 45 ::1981 2 SCWR 45

Supreme Court Of India

Hon'ble Judge(s): V. D. Tulzapurkar, Amarendra Nath Sen , JJ

(A) Civil P.C. (5 of 1908) , S.25— Supreme Court - Power to transfer suits - Not curtailed or excluded by Sections 21 and 21-A of Hindu Marriage Act - Application by husband for restitution of conjugal rights and by wife for judicial separation respectively in Courts in two different States - Supreme Court can transfer one to enable consolidated trial. AIR 1980 Bom 337 and AIR 1977 Punj and Har 373, Overruled. Hindu Marriage Act (25 of 1955) , S.21, S.21A— Where a wife filed petition for judicial separation under S. 10 of the Hindu Marriage Act and by the husband for restitution of conjugal rights under Section 9 in Courts in two different States it will invariably be expedient to have a joint or consolidated hearing or trial of both the petitions by one and the same Court in order to avoid confliciting decisions being rendered by two different Courts. In such a situation resort will have to be had to the powers under Sections 23 to 25 of the Civil P. C. for directing transfer of the petitions for a consolidated hearing. Per Tulzapurkar, J. : It cannot be said that the substantive provisions contained in S. 25, Civil P. C. is excluded by reasons of Sec. 21 of the Hindu Marriage Act 1955. In terms Section 21 does not make any distinction between procedural and substantive provisions of Civil P. C. and all that....