N.C.V. AISHWARYA versus A.S. SARAVANA KARTHIK SHA

Citation: [2022] 6 S.C.R. 1085 · Decided: 18-07-2022 · Supreme Court of India · Bench: S. ABDUL NAZEER, J.K. MAHESHWARI · Disposal: Appeal(s) allowed

Judgment (excerpt)

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1085
N.C.V. AISHWARYA
v.
A.S. SARAVANA KARTHIK SHA
(Civil Appeal No(s). 4894 of 2022)
JULY 18, 2022
[S. ABDUL NAZEER AND J. K. MAHESHWARI]
Code of Civil Procedure, 1908 – s.24 – Transfer – Power
u/s.24, exercise of – Matrimonial matters – Petition filed by
appellant-wife seeking transfer of a case for annulment of marriage
filed by respondent-husband before Family Court, Vellore to the
Family Court, Chennai – Rejected – On appeal, held: Cardinal
principle for exercise of power u/s.24 is that the ends of justice
should demand the transfer of the suit, appeal or other proceeding
– Given the prevailing socio- economic paradigm in the Indian
society, generally, it is the wife’s convenience which must be looked
at while considering transfer – Further, when two or more
proceedings are pending in different Courts between the same parties
raising common question of fact and law, decisions in the cases
being interdependent, they should be tried together to avoid
multiplicity in trial of the same issues and conflict of decisions – In
the present case, appellant, aged about 21 years stays alone with
her aged parents, it is difficult for her to travel all the way from
Chennai to Vellore to attend the case filed by the respondent – Also,
the appellant does not have any source of income of her own and is
dependent on her parents – Further, she has also filed petitions for
restitution of conjugal rights and maintenance before Family Court
at Chennai – Petition filed by husband before Family Court, Vellore
transferred to the Family Court at Chennai– All the three cases to
be clubbed together – Order passed by High Court set aside – Hindu
Marriage Act, 1955 – s.9 – Code of Criminal Procedure, 1973 –
s.125.
Code of Civil Procedure, 1908 – s.24 – Transfer – Matrimonial
matters – Factors to be considered – Held: In matrimonial matters,
while considering the plea of transfer, the Courts have to take into
consideration the economic soundness of both the parties, social
strata of the spouses, their behavioural pattern, standard of life
[2022] 6 S.C.R. 1085
1085
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SUPREME COURT REPORTS
[2022] 6 S.C.R.
prior and subsequent to marriage, circumstances of both the parties
in eking out their livelihood and under whose protective umbrella
they are seeking their sustenance to life.
CIVIL APPELLATE JURISDICTION: Civil Appeal No. 4894
of 2022.
From the Judgment and Order dated 19.11.2020 of the High Court
of Judicature at Madras in TR.C.M.P. No.473 of 2020.
S, Gowthaman, Abhisar Thakral, S. Muthukrishnan, Ms. Hemlata,
Advs. for the Appellant.
Haripriya Padmanabhan, Prahu Ramasubramanian, Raghunatha
Sethupathy B., Shivani Vij, K. Paari Vendhan, Advs. for the Respondent.
The following Order of the Court was passed:
O R D E R
1. Leave granted.
2. This appeal is directed against the Order dated 19.11.2020 in
TR.C.M.P. No.473 of 2020 whereby the High Court of Judicature at
Madras has rejected the petition filed by the appellant-wife seeking
transfer of a petition, F.C.O.P. No.125 of 2020 filed by her respondent-
husband before the Family Court, Vellore, to the Family Court at Chennai.
3. The marriage between the appellant and the respondent was
arranged and solemnized on 05.03.2020 at Kanna Mahal, Anna Salai,
Vellore, in accordance with Hindu rituals and customs. It is the case of
the respondent that the appellant started quarreling and fighting with the
respondent for petty things and refused to consummate the marriage.
The respondent filed the aforesaid F.C.O.P. No.125 of 2020 before the
Family Court, Vellore, for annulment of their marriage.
4. The appellant is a resident of Chennai. She has also filed two
cases. H.M.O.P. No.1741 of 2021 has been filed by her before the
Family Court at Chennai against her husband for restitution of conjugal
rights under Section 9 of the Hindu Marriage Act, 1955, and M.C. Sr.
No.672 of 2021 before the Family Court at Chennai for maintenance
under Section 125 of the Cr.P.C.
5. The appellant in her petition filed under Section 9 of the Hindu
Marriage Act has contended amongst others that without any reasonable
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excuse, the respondent withdrew from her society and that the
respondent is bound to live with the appellant and give her conjugal
companionship.
6. The appellant filed a petition under Section 24 of the Code of
Civil Procedure before the High Court of Judicature at Madras for
transfer of F.C.O.P. No.125 of 2020 pending on the file of the Family
Court, Vellore

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