Full Judgment Text
REPORTABLE
IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NO(S). 5218 of 2022
(Arising out of S.L.P.(C)No(s).9164 of 2022)
RUCHI RAWAT …APPELLANT(S)
VERSUS
PRINCIPAL JUDGE, FAMILY COURT
ETAH & ANR. …RESPONDENT(S)
O R D E R
1. Leave granted.
2. This appeal is directed against the Order dated 31.03.2022 in
Transfer Application (Civil) No.517 of 2018 whereby the High Court of
Judicature at Allahabad has rejected the petition filed by the
appellant-wife seeking transfer of Original Suit No.23 of 2018 filed
by her husband (respondent No.2 herein) before the Principal Judge,
Family Court, Etah, Uttar Pradesh to Principal Judge, Family Court,
Mathura, Uttar Pradesh.
3. Respondent No.2 had filed Original Suit No.23 of 2018 under
Signature Not Verified
Digitally signed by
Anita Malhotra
Date: 2022.08.08
17:06:32 IST
Reason:
Section 13 of the Hindu Marriage Act against the appellant at Etah.
The appellant had also filed certain cases against the respondent
no.2 at different courts in Mathura and the respondent no.2 had also
filed an FIR against the appellant at Etah. The case put forth by the
appellant before the High Court is that she being a lady is not in a
position to travel all the way from Mathura to Etah in order to
prosecute the case filed by the respondent no. 2 at Etah. It is
further contended that the appellant has no source of income and
she is residing with her parents in Mathura and she is financially and
emotionally dependent on them and that she is surviving on the
mercy of her parents. It is also alleged that she was threatened by
the respondent no.2 and his brother while she was returning from
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 is
wife’s convenience which must be looked at while considering the
transfer. In N.C.V. Aishwarya vs. A.S. Saravana Karthik Sha (Civil
Appeal No.4894 of 2022, disposed of on 18.07.2022), it was held as
under:
“9. The cardinal principle for exercise of power
under Section 24 of the Code of Civil Procedure is
that the ends of justice should demand the transfer
of the suit, appeal or other proceeding. In
matrimonial matters, wherever Courts are called
upon to consider the plea of transfer, the Courts
have to take into consideration the economic
soundness of both the parties, the social strata of the
spouses and their behavioural pattern, their standard
of life prior to the marriage and subsequent thereto
and the circumstances of both the parties in eking
out their livelihood and under whose protective
umbrella they are seeking their sustenance to life.
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.”
5.
Having regard to the facts and circumstances of the case, we
are of the view that it is just and proper to transfer the case filed by
respondent no.2 from Etah to Mathura.
6. Resultantly, the appeal is allowed. The order passed by the
High Court impugned herein is set aside. We direct the transfer of
Original Suit No.23 of 2018 pending before the Principal Judge,
Family Court, Etah, Uttar Pradesh to the Principal Judge, Family
Court, Mathura, Uttar Pradesh forthwith. The Principal Judge,
Family, Court, Etah, shall send the 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.
….……………………………J.
(S. ABDUL NAZEER)
….……………………………J.
(J.K. MAHESHWARI)
New Delhi;
August 05, 2022.
ITEM NO.43 COURT NO.5 SECTION XI
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
Petition(s) for Special Leave to Appeal (C) No(s). 9164/2022
(Arising out of impugned final judgment and order dated 31-03-2022
in TAC No. 517/2018 passed by the High Court of Judicature at
Allahabad)
RUCHI RAWAT Petitioner(s)
VERSUS
PRINCIPAL JUDGE, FAMILY COURT ETAH & ANR. Respondent(s)
(IA No. 73927/2022 - APPLICATION FOR EXEMPTION FROM FILING ORIGINAL
VAKALATNAMA/OTHER DOCUMENT
IA No. 74200/2022 - EXEMPTION FROM FILING AFFIDAVIT
IA No. 73923/2022 - EXEMPTION FROM FILING C/C OF THE IMPUGNED
JUDGMENT)
Date : 05-08-2022 This matter was called on for hearing today.
CORAM :
HON'BLE MR. JUSTICE S. ABDUL NAZEER
HON'BLE MR. JUSTICE J.K. MAHESHWARI
For Petitioner(s) Mr. Kartikeya Bhargava, AOR
For Respondent(s) Mr. Vaibhav Mishra, Adv.
Mr. Akansh Bansal, Adv.
Mr. Parmanand Gaur, AOR
UPON hearing the counsel the Court made the following
O R D E R
Leave granted.
The appeal is allowed in terms of the signed Reportable
order.
Pending applications also stand disposed of.
(NEELAM GULATI) (KAMLESH RAWAT)
ASTT. REGISTRAR-cum-PS COURT MASTER (NSH)
(Signed Reportable order is placed on the file.)