Guda Vijayalakshmi v Guda Ramachandra Sekhara Sastry (1981)

CPC & Limitation Act · Transfer of Cases (ss.22–25)

Facts.

A wife’s maintenance suit in Andhra Pradesh and the husband’s divorce petition in Rajasthan were pending in different States.

Issue.

Can the Supreme Court transfer a matrimonial proceeding across States, and does the CPC power survive special matrimonial statutes?

Held.

Section 25 CPC empowers the Supreme Court to transfer such proceedings for the ends of justice, and this power is not excluded by the Hindu Marriage Act; related matters should be tried together.

Why it matters.

The go-to authority for the recurring “wife seeks transfer” problem under ss.24/25 (Topic 8).

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