VidhiSangh

Supreme Court of India · 18/07/2022

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

[2022] 6 S.C.R. 1085 · 2022 INSC 1310

AI-generated headnote. Verify against the judgment before relying on it. Paragraph numbers refer to the judgment.

Summary

The husband filed for annulment before the Family Court at Vellore, where he lives and works. The wife, aged 21, unemployed, living with aged parents in Chennai and without accommodation at Vellore, sought transfer of that petition to Chennai, where her own petitions for restitution of conjugal rights and maintenance were pending. The Madras High Court refused. The Supreme Court allowed the transfer. Under Section 24 CPC the test is whether the ends of justice demand it; in matrimonial matters the courts weigh the spouses' economic and social circumstances and, given prevailing socio-economic conditions in India, generally the wife's convenience. Interdependent proceedings between the same parties pending in different courts should be tried together to avoid multiplicity and conflicting decisions, so the three cases were clubbed at Chennai.

Issues

  1. Whether the husband's annulment petition pending at Vellore should be transferred under Section 24 CPC to the Family Court at Chennai, where the wife resides and where her restitution and maintenance petitions are pending.

Provisions considered

Held

Result

Appeal allowed. The High Court's order of 19.11.2020 set aside; F.C.O.P. No. 125 of 2020 transferred from the Family Court, Vellore to the jurisdictional Family Court at Chennai, and the three cases clubbed for a common order. Parties to bear their own costs.

Judgment PDF: Supreme Court of India, [2022] 6 S.C.R. 1085.