Judgment

TULZAPURKAR, J.:- On September 26. 1979, the petitioner (wife) filed a suit in forma pauperis seeking maintenance from the respondent (her husband) in the Court of Subordinate Judge, Eluru (Andhra Pradesh) being O. 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 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 is seeking to get the husbands suit transferred to Eluru. On merits we are satisfied that it is expedient for the ends of justice to transfer the husbands 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 Court at Eluru (A. P.)

2. However, counsel for the respondent (husband) has raised before us a preliminary objection that Section 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 pow