Whether Non-Participation In A Proceeding Of A Restitution Of Conjugal Rights Has Civil Consequences?

 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 participationin 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.

Consequently, Transfer Petition is allowed.

IN THE SUPREME COURT OF INDIA

CIVIL ORIGINAL JURISDICTION

TRANSFER PETITION (CIVIL) NO.973 OF 2023

POONAM ANKUR PAWAR  Vs ANKUR ASHOKBHAI PAWAR 

Dated: 27.07.2023

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.

Despite service of notice, the sole respondent has chosen

not to appear and contest the matter.

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 participationin 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.

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.

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.

Pending application(s), if any, shall stand disposed of.

..............,J.

(C.T. RAVIKUMAR)

..............,J.

(SANJAY KUMAR)

NEW DELHI;

27.07.2023

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