IN THE SUPREME COURT OF INDIA

CIVIL ORIGINAL JURISDICTION

TRANSFER PETITION (CIVIL) NO. 973 OF 2023

POONAM ANKUR PAWAR                                                                                                   … Petitioner

VERSUS

ANKUR ASHOKBHAI PAWAR                                                                                              … Respondent

ORDER

This Transfer Petition, filed under Section 25 of the Code of Civil Procedure (C.P.C.), seeks the transfer of Hindu Marriage Petition No. 01/2023. The original petition, filed under Section 9 of the Hindu Marriage Act for the restitution of conjugal rights, is titled “Ankur Ashokbhai Pawar vs. Smt. Poonam Ankur Pawar” and is currently pending before the Court of the Learned District Judge of Dadra & Nagar Haveli at Silvassa. The petitioner seeks to have the case transferred to the Court of the Learned Principal Judge, Family Court, Ahmedabad, Gujarat.

Case Background

The petitioner, Poonam Ankur Pawar, has requested this transfer due to the significant distance between her current residence and the court where the case is pending. Despite being duly served with a notice, the respondent, Ankur Ashokbhai Pawar, has not appeared to contest the matter.

Legal Considerations

The Supreme Court considered the implications of non-participation by the respondent in the restitution of conjugal rights proceeding. As highlighted under Order XXI Rule 32 of the Code of Civil Procedure, non-participation in such proceedings carries civil consequences. This provision indicates that the lack of respondent’s participation is not without impact, emphasizing the importance of fair access to judicial processes for both parties.

Court’s Observations

Given the circumstances, including the substantial distance between the petitioner’s current place of residence and the court in Silvassa, the Supreme Court determined that transferring the case would facilitate better access to justice for the petitioner. The court took into account:

1. Civil Consequences: The non-participation of the respondent in the proceeding could not be dismissed as inconsequential.
2. Convenience and Fairness: The transfer would alleviate the travel burden on the petitioner, thereby ensuring her fair participation in the judicial process.

Decision

The Supreme Court allowed the Transfer Petition. Consequently, Hindu Marriage Petition No. 01/2023, titled “Ankur Ashokbhai Pawar vs. Smt. Poonam Ankur Pawar,” is transferred from the Court of the Learned District Judge of Dadra & Nagar Haveli at Silvassa to the Court of the Learned Principal Judge, Family Court, Ahmedabad, Gujarat.

Implementation

The Court of the Learned District Judge of Dadra & Nagar Haveli at Silvassa is directed to expedite the transfer of the entire case record to the transferee court in Ahmedabad.