In a recent case, Poonam Anjur Pawar vs. Ankur Ashokbhai Pawar, the Supreme Court made an important observation regarding the civil consequences of non-participation in a proceeding of restitution of conjugal rights. 

The case involved a transfer petition filed by a wife who sought to transfer a petition filed under Section 9 of the Hindu Marriage Act, pertaining to the restitution of conjugal rights. The original petition was pending before the Court of Ld. District Judge of Dadra & Nagar Haveli at Silvassa, and the wife sought to move it to the Family Court in Ahmedabad, Gujarat.

The court took into consideration Order XXI Rule 32 of the Code of Civil Procedure, which addresses the execution of decrees for specific performance, restitution of conjugal rights, or injunctions. According to this provision, if a party against whom a decree for the specific performance of a contract or restitution of conjugal rights, or an injunction, has been issued, intentionally fails to obey it despite having the opportunity to do so, the decree may be enforced. In the case of a decree for restitution of conjugal rights, enforcement can be done through the attachment of the party's property.

Based on the above provision and the circumstances of the case, the bench of Justices CT Ravikumar and Sanjay Kumar made the following observation: "We are of the view that it cannot be said that non-participation in a proceeding of a restitution of conjugal rights, of the party who seeks 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."

The court's decision underscores the significance of participating in restitution of conjugal rights proceedings and emphasizes that non-participation can have civil implications. It also considered the practical aspects, such as the distance between the courts involved and the convenience of the petitioner-wife, in allowing the transfer of the case to a more suitable jurisdiction.

Case Title: Poonam Anjur Pawar vs. Ankur Ashokbhai Pawar

Click Here To Read/Download Order