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 comprising of Justice C.T. Ravikumar and Justice Sanjay Kumar observed that the non-participation of a party seeking the transfer of a restitution of conjugal rights proceeding cannot be deemed to have no impact, considering the provisions of Order XXI Rule 32 of the Code of Civil Procedure. It is evident that such non-participation carries civil consequences. Taking into consideration the distance between the court where the case is pending and the current residence of the petitioner-wife, the Bench has decided to grant the transfer petition.

Advocate Rajivkumar represented the Petitioner before the Court, seeking the transfer of a Hindu Marriage Petition filed under Section 9 of the Hindu Marriage Act for restitution of conjugal rights. Despite being served notice, the sole Respondent chose not to appear and contest the matter. As a result, the Court granted the Transfer Petition and ordered the transfer of the petition 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. The entire record pertaining to the said Petition will also be transferred accordingly, in line with the Court’s decision to allow the Petition.

Cause Title: Poonam Ankur Pawar v. Ankur Ashokbhai Pawar

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