Transfer power under civil procedure law continues for matrimonial proceedings despite Hindu Marriage Act provisions

Section 25 of the Code of Civil Procedure, 1908 remains available to transfer matrimonial proceedings under the Hindu Marriage Act, 1955 because Section 21 applies the Code so far as may be and excludes only inconsistent provisions. Section 21A is not exhaustive and does not displace the broader transfer power. The Supreme Court's jurisdiction under Section 25, which permits transfer of any suit, appeal or other proceeding between courts in different States for the ends of justice, is excluded only by clear language. The preliminary objection was rejected and the transfer power was held applicable to the matrimonial proceeding.

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Issues: Whether the Supreme Court had power under Section 25 of the Code of Civil Procedure, 1908 to transfer a matrimonial proceeding under the Hindu Marriage Act, 1955 despite Sections 21 and 21A of that Act.

Analysis: Section 21 of the Hindu Marriage Act does not distinguish between procedural and substantive provisions of the Code; it applies the Code to proceedings under the Act so far as may be, excluding only provisions inconsistent with the Act. Section 21A deals with transfer and joint trial of specified cross-petitions in certain cases and is not exhaustive. The wide power conferred by the substituted Section 25 of the Code, enabling transfer of any suit, appeal or other proceeding between courts in different States for the ends of justice, was not taken away by Sections 21 or 21A. The jurisdiction under Section 25 is not ousted unless exclusion is expressed in clear terms.

Conclusion: The preliminary objection was rejected, and the transfer power under Section 25 of the Code of Civil Procedure, 1908 was held applicable to the matrimonial proceeding.

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