POONAM ANKUR PAWAR Vs. ANKUR ASHOKBHAI PAWAR

JUDGEMENT

(1.) This petition is filed under Sec. 25 of the C.P.C. seeking transfer of the Hindu Marriage Petition No. 01/2023 filed under Sec. 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 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.