Transfer Petition| Non-Participation In Proceedings Of Restitution Of Conjugal Rights Has Civil Consequences: Supreme Court

The Supreme Court has in a Transfer Petition observed that non-participation in proceedings related to restitution of conjugal rights has civil consequences.

The two-judge Bench of Justice C.T. Ravikumar and  Justice Sanjay Kumar, “Taking note of Order XXI Rule 32 of the Code of Civil Procedure, we are of the view that it cannot be said that nonparticipation 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”.

Advocate Rajivkumar appeared on behalf of the Petitioner before the Court.

The Petitioner sought the transfer of the Hindu Marriage Petition under Section 9 of the Hindu Marriage Act for restitution of conjugal rights.

The Court noted that despite service of notice, the sole Respondent chose not to appear and contest the matter.

Thus, the Court held, “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”.

Accordingly, the Court allowed the Petition and directed the transfer of the entire record pertaining to the said Petition.

Cause Title: Poonam Ankur Pawar v. Ankur Ashokbhai Pawar

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