1. Petition under Section 25 CPC for transfer of a petition for restitution of conjugal rights filed under Section 9 of the Hindu Marriage Act. (Para 1 )
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2023 Supreme(SC) 1318
SUPREME COURT OF INDIA
C.T. RAVIKUMAR, SANJAY KUMAR, JJ.
Poonam Ankur Pawar - Appellant
Versus
Ankur Ashokbhai Pawar – Respondents
Transfer Petition (C) No. 973 of 2023
Decided On : 27-07-2023
Advocates:
Advocate Appeared:
For the Appellant : Mr. Rajiv Kumar, Mr. Anil C. Nishani
Advocate Appeared:
For the Appellant : Mr. Rajiv Kumar, Mr. Anil C. Nishani
The Court allowed the transfer of a restitution of conjugal rights petition under Section 25 CPC, recognizing that non-participation carries civil consequences per Order XXI Rule 32 CPC, and prioritizing the petitioner-wife's residence and the distance to the current court.
Headnote:(A) Code of Civil Procedure - Section 25 - Hindu Marriage Act - Section 9 - Transfer petition seeking relocation of a pending Hindu Marriage Petition for restitution of conjugal rights - Non-participation in proceedings has civil consequences, which can justify a transfer of jurisdiction based on convenience. (Paras 1-3)
(B) Court’s discretion in transfer matters - The court can take into account the distance of the court and the petitioner’s residence while deciding on a transfer. (Paras 3-4)
Facts of the case:
The appellant filed a petition seeking to transfer a Hindu Marriage Petition for restitution of conjugal rights, which was pending in a district court, to a family court closer to her place of residence. The respondent did not contest the petition.
Findings of Court:
The court deemed the appellant's request reasonable due to the lack of opposition and the practical difficulties posed by the distance.
Issues: The main issue considered was the justification for transferring the petition based on the civil consequences of the respondent's non-participation.
Ratio Decidendi: The court reasoned that non-participation cannot be deemed impactless in proceedings regarding restitution of conjugal rights and considered the convenience of the parties in allowing the transfer of the case.
Result: Transfer Petition is allowed.
Legal Category Hierarchy
Table of Contents
2. Petitioner seeks transfer of matrimonial proceedings based on residence and distance; respondent chose not to appear or contest the matter. (Para 1 , 2 )
3. Non-participation in restitution of conjugal rights proceedings carries civil consequences under Order XXI Rule 32 CPC, necessitating consideration of the petitioner-wife's residence and distance. (Para 3 )
4. Matrimonial proceedings may be transferred by considering the civil consequences of non-participation under Order XXI Rule 32 CPC and the residence of the petitioner-wife. (Para 3 )
5. Transfer petition allowed; restitution of conjugal rights petition transferred to the transferee court with directions to move the records. (Para 4 , 5 )
6. Does non-participation in a proceeding for restitution of conjugal rights have legal implications?
Yes, non-participation in such proceedings can have civil consequences, as provided under Order XXI Rule 32 of the Code of Civil Procedure. (Para 3 )
7. What factors influence the court's decision to transfer a matrimonial proceeding?
The court considers the distance of the current court and the place of residence of the petitioner-wife. (Para 3 )
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 petitioner-wife is presently residing, we are inclined to allow the captioned transfer petition.
4. Consequently, Transfer Petition is allowed. Accordingly, petition for restitution of conjugal rights filed under Section 9 of the Hindu marriage Act, the Hindu Marriage Petition No. 01/2023 titled “ Ankur Ashokbhai Pawar vs. Smt. Poonam Ankur Pawar ” pending before the Court of Ld. District Judge of Dadra & Nagar Haveli at Silvassa stands transferred to the Court of Ld. Principal Judge, Family Court, Ahmedabad, Gujarat.
5. The Court of Ld. District Judge of Dadra & Nagar haveli at Silvassa shall transfer the entire record pertaining to the said petition to the transferee court expeditiously.
6. Pending application(s), if any, shall stand disposed of.
