Poonam Ankur Pawar vs Ankur Ashokbhai Pawar

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2023 Supreme(SC) 1318

C. T. RAVIKUMAR, SANJAY KUMAR
Poonam Ankur Pawar – Appellant
Versus
Ankur Ashokbhai Pawar – Respondent

Advocates:
Advocate Appeared:
For the Appellant : Mr. Rajiv Kumar, Mr. Anil C. Nishani

Table of Content
1. transfer of divorce petition under cpc. (Para 1 , 2)
2. impact of non-participation in court proceedings. (Para 3)
3. conclusion on the transfer of case. (Para 4 , 5 , 6)

ORDER :

1. This petition is filed under Section 25 of the C.P.C. seeking transfer of the Hindu Marriage Petition No. 01/2023 filed under Section 9 of the Hindu marriage Act for restitution of conjugal rights, titled “ Ankur Ashokbhai Pawar vs. Smt. Poonam Ankur Pawar ” pending before the Court of Ld. District Judge of Dadra & Nagar haveli at Silvassa to the Court of Ld. Principal Judge, Family Court, Ahmedabad, Gujarat.

2. Despite service of notice, the sole respondent has chosen not to appear and contest the matter.

3. Taking note of Order XXI Rule 32 of the Code of Civil Procedure, we are of the view that it cannot be said that non-participation in a proceeding of a restitution of conjugal rights, of the party who seeks for transfer of such proceeding is absolutely impactless. In fact, it has civil consequences as is evident from the aforesaid provision. In such circumstances and taking into account the distance of the court where the case sought to be transferred is pending and the place where the

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