N.C.V. Aishwarya vs A.S.Saravana Karthik Sha

2022 INSC 1310 REPORTABLE

IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO(S). 4894 of 2022 (Arising out of S.L.P.(C)No(s).16465 of 2021)

N.C.V. AISHWARYA …APPELLANT(S)

VERSUS

A.S. SARAVANA KARTHIK SHA …RESPONDENT(S)

ORDER

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 2

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 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 to the Family Court at Chennai. According to the

appellant, her parents are old and that she is aged 21 years and not

in a position to travel to Vellore through out the court proceedings

without having any support. In addition, the appellant contends that 3

it would not be possible for her aged parents to accompany her to

Vellore. She is totally dependent on her parents morally and

financially. She is not employed and does not have any other source

of income. Moreover, she does not have any accommodation for

staying at Vellore. The respondent has opposed the said petition. As

noticed above, the High Court has dismissed the transfer petition.

7. We have heard learned counsel for the parties.

8. It is not disputed that the appellant is the resident of Chennai

and that the appellant’s husband-respondent herein is the resident

of Vellore and he is employed. The appellant who is 21 years old

does not have any source of income of her own as she is not

employed and is totally dependent on her parents for her livelihood.

In order to attend the court proceedings of the case filed by her

husband at Vellore she has to travel alone all the way from Chennai

to Vellore as her parents are not in a position to accompany her on

account of their old age. Secondly, the appellant has also filed a

petition, H.M.O.P. No.1741 of 2021, for restitution of conjugal rights

and another petition, M.C. Sr. No.672 of 2021, for her maintenance

before the Family Court at Chennai.

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 4

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.

10. Further, when two or more proceedings are pending in different

Courts between the same parties which raise common question of

fact and law, and when the decisions in the cases are

interdependent, it is desirable that they should be tried together by

the same Judge so as to avoid multiplicity in trial of the same issues

and conflict of decisions.

11. As noticed above, the appellant is a young lady aged about 21

years, staying alone along with her aged parents. Under the above

circumstances, it is difficult for her to travel all the way from

Chennai to Vellore to attend the court proceedings of the case filed

by the respondent seeking annulment of marriage. Further, it is also

just and proper to club all the three cases together to avoid

multiplicity of the proceedings and conflict of decisions. Therefore, 5

the High Court was not justified in rejecting transfer petition bearing

TR.C.M.P.No.473 of 2020, filed by the appellant herein.

12. Resultantly, the appeal succeeds and is accordingly allowed.

The Order dated 19.11.2020 passed by the High Court in TR.C.M.P.

NO.473 of 2020 is set aside. We direct transfer of F.C.O.P. No.125 of

2020 pending consideration before the Family Court, Vellore to the

jurisdictional Family Court at Chennai. We also direct the clubbing of

the aforementioned three cases so that a common order may be

passed by the concerned Family Court at Chennai.

13. We direct the parties to bear their respective costs.

14. Pending application, if any, also stands disposed of.

….……………………………J. (S. ABDUL NAZEER)

….……………………………J. (J.K. MAHESHWARI) New Delhi;

JULY 18, 2022.

6

ITEM NO.44 COURT NO.6 SECTION XII

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). 16465/2021

(Arising out of impugned final judgment and order dated 19-11-2020 in TRCMP No. 473/2020 passed by the High Court of Judicature at Madras)

N.C.V. AISHWARYA Petitioner(s)

VERSUS

A.S.SARAVANA KARTHIK SHA Respondent(s)

(MEDIATION REPORT RECEIVED IA No. 131896/2021 - EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT IA No. 131897/2021 - PERMISSION TO FILE ADDITIONAL DOCUMENTS/FACTS/ANNEXURES)

Date : 18-07-2022 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. S. Gowthaman, AOR Mr. Abhisar Thakral, Adv.

Mr. S. Muthukrishnan, Adv. Ms. Hemlata, Adv.

For Respondent(s) Mr. Haripriya Padmanabhan, Adv.

Mr. Prahu Ramasubramanian, Adv. Mr. Raghunatha Sethupathy B., Adv. Mr. Shivani Vij, Adv.

Mr. K. Paari Vendhan, 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 order. Pending application, if any, also stands disposed of.

(NEELAM GULATI) (KAMLESH RAWAT) ASTT. REGISTRAR-cum-PS COURT MASTER (NSH)

(Signed Reportable Order is placed on the file)