S. RAVINDRA BHAT, J.

( 1 ) IN this appeal, under Section 28 of the Hindu Marriage, the correctness of an order of the learned Additional District Judge, dated 10-11-2004 on an application moved under Section 25 of the Hindu Marriage Act (hereafter ?the act?) has been challenged.

( 2 ) THE parties to the proceedings, viz the Appellant and the first respondent, were married to each other on 29-5-1985 in accordance with Hindu rites, in Delhi. The appellant was working as a Scientific Officer with the rajasthan Power Station, Rawalbhata, Rajasthan. The second respondent, Ms. Jyotsna, was born to the first respondent during the subsistence of the marriage, on 21-4-1987. The appellant instituted divorce proceedings, on grounds of cruelty and desertion, before the District Judge, Chittorgarh, Rajasthan. The appellant levelled allegations of adultery against the first respondent, and these apparently influenced the District Judge to dismiss an application for maintenance filed by her. Criminal proceedings too were initiated by the first respondent, and ultimately she approached the Supreme Court, for transfer of the divorce proceedings pending in Rajasthan.

( 3 ) THE transfer petition w