JUDGMENT - KHARCHE S.T., J.:-Rule. Rule is made returnable forthwith. Heard finally with the consent of the parties.

2. The learned Counsel for the applicant/wife contended that the wife has filed Hindu Marriage Petition No. 27 of 2003 for divorce at Kelapur on 30-7-2003 whereas the non-applicant/husband has filed Hindu Marriage Petition No. 68 of 2003 on 29-7-2003 in the Court of Civil Judge, Sr. Dn., Wardha. He contended that in order to avoid conflicting decisions, it is desirable that both the petitions should be tried together. He further contended that it would be convenient for the wife to attend the Court at Kelapur. The wife has also no independent source of income for maintaining herself. Therefore, in the circumstances, the petition for divorce filed by the husband be transferred from Wardha to Kelapur. In support of his contentions he relied on the Single Judges decision of this Court in (Anisha Sanjay Hinduja v. Sanjay Shrichand Hinduja)1, 2003(Supp.) Bom.C.R. 802 , and the two decisions of Apex Court in (Sumita Singh v. Kumar Sanjay another)2, A.I.R. 2002 S.C. 396, and in the case of (Guda Vijayalakshmi v. Guda Ramchandra Sekhara Sastry)3, A.I.R. 1981 S.C. 1143.

3. Mr. Modak, learned Counsel, for the husband contended that by virtue of the powers under section 21-A of Hindu Marriage Act, 1955 (for short the Act) if the petitions are to be transferred then the procedure laid down under sub-section (3) of section 21-A of the Act has to be followed. He contended that the petition for divorce has been filed by the husband in the Court of Civil Judge, Sr. Dn., Wardha on 29-7-2003 and since the petition is filed earlier in point of time, the petition for divorce filed by the wife on the subsequent date, i.e. on 30-7-2003, can be transferred to the Court at Wardha as per the mandate of sub-section 2(b) of section 21-A of the Act.

4. I have careful considered the contentions canvassed by the learned Counsel for the parties. Section 21-A of the Act is reproduced here for the sake of convenience, which reads as under :

"21-A. Power to transfer petitions in certain cases.-(1) Where----

(a) a petition under this Act has been presented to a District Court having jurisdiction by a party to a marriage praying for a decree for judicial separation under section 10 or for a decree of divorce under section 13, and

(b) another petition under this Act has been presented thereafter by the other party to the marriage praying for a decree for judicial separation under section 10 or for a decree of divorce under section 13 on any ground, whether in the same District Court or in a different District Court, in the same State or in a different State, the petitions shall be dealt with as specified in sub-section (2).

(2) In a case where sub-section (1) applies,---

(a) if the petitions are presented to the same District Court, both the petitions shall be tried and heard together by that District Court;

(b) if the petitions are presented to different District Courts, the petition presented later shall be transferred to the District Court in which the earlier petition was presented and both the petitions shall be heard and disposed of together by the district court in which the earlier petition was presented.

(3) In a case where Clause (b) of sub-section (2) applies, the Court or the Government, as the case may be, competent under the Code of Civil Procedure, 1908 (5 of 1908) to transfer any suit or proceeding from the District Court in which the later petition has been presented to the District Court in which the earlier petition is pending, shall exercise its powers to transfer such later petition as if it had been empowered so to do under the said Code."

5. The Apex Court had an occasion to deal with section 21-A of the Act in the case of Guda Vijayalakshmi, cited (supra), wherein it is held that the provisions of section 21-A of the Act are not exhaustive and the Court can exercise and take resort to the provisions of sections 23 to 25 of the cod

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