Supreme Court of India
RUCHI RAWAT versus PRINCIPAL JUDGE, FAMILY COURT ETAH & ANR. on 5 August 2022
1148
[2022] 6 S.C.R. 1148
SUPREME COURT REPORTS
[2022] 6 S.C.R.
RUCHI RAWAT
A
v.
PRINCIPAL JUDGE, FAMILY COURT ETAH & ANR.
(Civil Appeal No(s). 5218 of 2022)
BAUGUST 05, 2022
[S. ABDUL NAZEER AND J.K. MAHESHWARI, JJ.]
Code of Civil Procedure, 1908: s. 25 – Transfer of matters –Power of – Held: In matrimonial matters generally, it is wife’sconvenience which must be looked at while considering the transferC– On facts, appellant-wife having no source of income, was residingwith her parents in Mathura and was financially and emotionallydependent on them, and being a lady was not in a position to travelall the way from Mathura to Etah in order to prosecute the casefiled by respondent no. 2-husband at Etah – Thus, it is just andDproper to transfer the suit filed by respondent no.2 u/s. 13 HinduMarriage Act against the appellant pending before the PrincipalJudge, Family Court, Etah, Uttar Pradesh to the Principal Judge,Family Court, Mathura, Uttar Pradesh forthwith.
N.C.V. Aishwarya v. A.S. Saravana Karthik Sha CivilEAppeal No.4894 of 2022, disposed of on 18.07.2022– referred to.
CIVIL APPELLATE JURISDICTION: Civil Appeal No. 5218of 2022.
From the Judgment and Order dated 31.03.2022 of the High CourtFof Judicature at Allahabad in Transfer Application (Civil) No. 517 of2018.
Kartikeya Bhargava, Adv. for the Appellant.
Vaibhav Mishra, Akansh Bansal, Parmanand Gaur, Advs. for theGRespondents.
The following Order of the Court was passed:
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ORDER
1. Leave granted.
H
2. This appeal is directed against the Order dated 31.03.2022 inTransfer Application (Civil) No.517 of 2018 whereby the High Court ofJudicature at Allahabad has rejected the petition filed by the appellant-wife seeking transfer of Original Suit No.23 of 2018 filed by herhusband (respondent No.2 herein) before the Principal Judge, FamilyCourt, Etah, Uttar Pradesh to Principal Judge, Family Court, Mathura,Uttar Pradesh.
3. Respondent No.2 had filed Original Suit No.23 of 2018under Section 13 of the Hindu Marriage Act against the appellant atEtah. The appellant had also filed certain cases against the respondentno.2 at different courts in Mathura and the respondent no.2 had also filed anFIR against the appellant at Etah. The case put forth by the appellantbefore the High Court is that she being a lady is not in a position to travelall the way from Mathura to Etah in order to prosecute the case filed bythe respondent no. 2 at Etah. It is further contended that the appellanthas no source of income and she is residing with her parents in Mathuraand she is financially and emotionally dependent on them and that she issurviving on the mercy of her parents. It is also alleged that she wasthreatened by the respondent no.2 and his brother while she was returningfrom Etah to Mathura after appearing before the Court on 19.02.2018.No doubt, the said allegation was denied by the respondent no.2.
4. It is well-settled that in matrimonial matters generally, it iswife’s convenience which must be looked at while considering thetransfer. In N.C.V. Aishwarya vs. A.S. Saravana Karthik Sha (CivilAppeal No.4894 of 2022, disposed of on 18.07.2022), it was held asunder:
“9. The cardinal principle for exercise of power under Section24 of the Code of Civil Procedure is that the ends of justiceshould demand the transfer of the suit, appeal or other proceeding.In matrimonial matters, wherever Courts are called upon to considerthe plea of transfer, the Courts have to take into consideration theeconomic soundness of both the parties, the social strata of thespouses and their behavioural pattern, their standard of life priorto the marriage and subsequent thereto and the circumstances ofboth the parties in eking out their livelihood and under whoseprotective umbrella they are seeking their sustenance to life. Giventhe prevailing socio-economic paradigm in the Indian society, A
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1150SUPREME COURT REPORTS
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1150SUPREME COURT REPORTS
Agenerally, it is the wife’s convenience which must be looked atwhile considering transfer.”
5. Having regard to the facts and circumstances of the case, weare of the view that it is just and proper to transfer the case filed byrespondent no.2 from Etah to Mathura.
B
6. Resultantly, the appeal is allowed. The order passed by theHigh Court impugned herein is set aside. We direct the transfer of OriginalSuit No.23 of 2018 pending before the Principal Judge, Family Court,Etah, Uttar Pradesh to the Principal Judge, Family Court, Mathura, UttarPradesh forthwith. The Principal Judge, Family, Court, Etah, shall sendCthe case record to the transferee court promptly and without any delay.
7. The parties are directed to bear their respective costs.
8. Pending application, if any, also stands disposed of.
DNidhi Jain
Appeal allowed.
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