Smt. Akansha Soni @ Akansha Swarnkar Vs Santosh Soni — Domestic Violence | Chhattisgarh HC (2024)

Smt. Akansha Soni @ Akansha Swarnkar Vs Santosh Soni — Domestic Violence | Chhattisgarh HC (2024)

What the court decided

AI extract

Outcome

Transfer of the matrimonial proceedings under Section 9 of the Hindu Marriage Act for restitution of conjugal rights from the file of the Family Court, Janjgir to the Family Court, Korba; a copy of the order to be sent to the Family Courts of Janjgir and Korba for necessary compliance.

Issue for consideration

Whether the matrimonial proceedings instituted by the husband under Section 9 of the Hindu Marriage Act for restitution of conjugal rights, pending as Case No. 260A/2023 before the Family Court, Janjgir, ought to be transferred to the Family Court, Korba on the ground of the convenience of the wife, who has two minor children and whose own proceedings are already pending at Korba.

Court's answer

The law is settled that the convenience of the wife should be considered for transfer of matrimonial proceedings.

Ratio / Principle

Given that two earlier proceedings initiated by the wife (under the Domestic Violence Act and for maintenance) are already pending at Korba, the Court deemed it appropriate, in the interest of both parties, to transfer the Section 9 Hindu Marriage Act restitution of conjugal rights proceedings from the file of the Family Court, Janjgir to the Family Court, Korba.

Detailed headnote1 paragraphs

Matrimonial proceedings — Transfer — Convenience of wife — Husband's proceedings under Section 9 of the Hindu Marriage Act for restitution of conjugal rights (Family Court, Janjgir, Case No. 260A/2023) transferred to Family Court, Korba. Held: the law is settled that the convenience of the wife is the governing consideration for transfer of matrimonial proceedings. The petitioner-wife resided at Korba with two minor children, the husband was not paying maintenance, and her complaint under Section 12 of the Protection of Women from Domestic Violence Act and application under Section 125 Cr.P.C. were already pending consideration at Korba; in the interest of both parties, transfer ordered. Petition allowed; copies of the order directed to be sent to the Family Courts of Janjgir and Korba for compliance (Single Judge, Deepak Kumar Tiwari, J.).

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2024:CGHC:37824

NAFR

HIGH COURT OF CHHATTISGARH AT BILASPUR

TPC No. 34 of 2024

Smt. Akansha Soni @ Akansha Swarnkar W/o Santosh Kumar Soni Aged About 31 Years R/o Near Hanuman Mandir, Hanuman Chowk, Champa, Dist. Janjgir Champa, C.G. Present Address Balco Nagar Korba, Tahsil And District Korba, C.G.

... Petitioner/Wife.

versus

Santosh Soni S/o Shri Devi Prasad Soni Aged About 40 Years R/o Champa, Tahsil And P.S. Champa, Dist. Janjgir-Champa, C.G.

... Respondent.

For Petitioner	: Shri Vikas Kumar Pandey, Advocate.
For Respondent	: None.

(Hon’ble Shri Justice Deepak Kumar Tiwari)

Order on Board

25/09/2024

Notice issued to the respondent was refused by his father.

This petition has been filed for transfer of matrimonial proceedings filed by the husband/respondent under Section 9 of Hindu Marriage Act for

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Restitution of conjugal rights before Family Court, Janjgir District Janjgir Champa vide case No.260A/2023 to Principal Judge Family Court, Korba.

Facts of the case in brief are that marriage of parties was solemnized on 09.12.2020 at Korba. Out of the wedlock, 2 children were born but after some time, the relations became sour and the husband started harassing the wife. Therefore, the petitioner/wife filed a complaint case on 24.07.2023 under Section 12 of Protection of Women from Domestic Violence Act before JMFC, Korba against the husband and his family members. She also filed an application for maintenance under Section 125 Cr.P.C. Both the applications are pending consideration at Korba. During pendency of these applications, the husband filed an application for Restitution of conjugal rights at Janjgir. Hence this petition.

Learned counsel for the petitioner submits that as the wife is having two minor children and the husband is also not paying maintenance, it is very difficult for her to travel on each and every date along with her two minor children. Considering the backdrop, this petition may be allowed.

I have heard learned counsel for the petitioner and perused the documents annexed with the petition carefully.

The law in this regard is settled that the convenience of wife should be considered for transfer of matrimonial proceedings. Taking into consideration the fact that already earlier two proceedings are pending at Korba and the wife has already initiated proceedings under the Domestic Violence Act as also for maintenance, in the interest of both the parties, this Court deems it appropriate to transfer the matrimonial proceedings

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filed under Section 9 of Hindu Marriage Act for the restitution of conjugal rights from the file of Family Court, Janjgir to Family Court, Korba. Ordered accordingly.

In the result, instant petition is allowed.

Let a copy of this order be sent to the Family Court of Janjgir and Korba for necessary compliance.

Sd/-

(Deepak Kumar Tiwari)

JUDGE

Avinash