1. Transfer petition — Divorce proceedings — Request for transfer of case from one jurisdiction to another. (Para 1 )
Back
Next 
2021 Supreme(SC) 1063
SUPREME COURT OF INDIA
S. Ravindra Bhat, J.
Bagdi Bai @ Bindu – Petitioner
Versus
Laxman – Respondent
Transfer Petition (Civil) No.759 of 2019
Decided On : 04-10-2021
Important Points
The Supreme Court allowed the transfer of a divorce petition from the Family Court, Patiala House, New Delhi, to a competent court in Udaipur, Rajasthan, finding the request for transfer justified based on the pleadings and submissions of the parties.
Subject
Civil Law - Family Law - Transfer of Proceedings
Headnote
Transfer Petition - Divorce Proceedings - The court allowed the transfer petition filed by the petitioner-wife to transfer the divorce petition from the Family Court in New Delhi to a Court of competent jurisdiction in Udaipur, Rajasthan.
Fact of the Case:
The petitioner-wife filed a transfer petition seeking to move the divorce proceedings initiated by the respondent-husband from the Family Court in New Delhi to a Court of competent jurisdiction in Udaipur, Rajasthan.
Finding of the Court:
The court found the request for transfer of proceedings to be justified and ordered the transfer of the divorce petition to a Court of competent jurisdiction in Udaipur, Rajasthan. The transferee Court was directed to continue with the proceedings and conclude them expeditiously by a specified date.
Issues: The main issue was the transfer of the divorce petition from one jurisdiction to another based on the petitioner's request.
Ratio Decidendi: The court considered the pleadings and submissions and concluded that the request for transfer was justified, leading to the decision to transfer the divorce petition to a Court of competent jurisdiction in Udaipur, Rajasthan.
Final Decision: The transfer petition was allowed, and the divorce petition pending in the Family Court in New Delhi was transferred to a Court of competent jurisdiction in Udaipur, Rajasthan, with directions for expeditious proceedings.
Legal Category Hierarchy
Advocates:
Advocate Appeared:
For the Appelant : Mr. Santosh Kumar Suman, Adv. Mr. Rameshwar Prasad Goyal, AOR
For the Respondent: Mr. Abhishek Kumar, Adv. Mr. Jitender Kumar Garg, Adv. Mr. Ritesh Kumar, AOR
Advocate Appeared:
For the Appelant : Mr. Santosh Kumar Suman, Adv. Mr. Rameshwar Prasad Goyal, AOR
For the Respondent: Mr. Abhishek Kumar, Adv. Mr. Jitender Kumar Garg, Adv. Mr. Ritesh Kumar, AOR
Table of Contents
2. Transfer of divorce petition — Dispute over the appropriate jurisdiction for proceedings. (Para 2 )
3. Request for transfer of divorce proceedings from one jurisdiction to another found justified upon consideration of pleadings and submissions. (Para 2 )
4. Transfer of matrimonial proceedings is permissible where the court finds the request for transfer justified based on the pleadings and submissions. (Para 2 )
5. Transfer petition allowed — Divorce proceedings transferred to a court of competent jurisdiction. (Para 3 , 8 )
6. Can a divorce petition be transferred from one court to another?
Yes, a court may transfer a divorce petition to another court of competent jurisdiction if the request for transfer is found to be justified after considering the pleadings and submissions of the parties. (Para 2 )
7. What directions can a court give to a transferee court to ensure the expeditious disposal of a transferred case?
The court may direct the transferee court to conclude proceedings by a specific date and ensure that successive or consecutive dates of hearing or evidence are fixed for the convenience of the parties. (Para 5 , 6 )
ORDER :
1. This transfer petition has been filed by the petitioner-wife seeking transfer of divorce petition filed by the respondent-husband in the Court of Principal Judge, Family Court, Patiala House, New Delhi to a Court of competent jurisdiction at Udaipur, Rajasthan.
2. Having considered the pleadings and the submissions made on behalf of the respondent, this Court is of the opinion that request for transfer of proceedings from the Family Court, Patiala House, New Delhi to a Court of competent jurisdiction at Udaipur, Rajasthan, is justified.
3. Consequently, the divorce petition bearing HMA No.97 of 2017, titled as “ Laxman v. Bagdi Bai @ Bindu ”, pending in the Court of the Principal Judge, Family Courts, Patiala House, New Delhi is transferred to a Court of competent jurisdiction at Udaipur, Rajasthan.
4. The Family Court at New Delhi is directed to transmit the entire record to the District Judge, Udaipur, who shall then assign the case to the concerned Family Court.
5. The transferee Court shall continue with the proceedings at the stage when the interim order was made and conclude them as expeditiously as possible and in any case on or before 31.12.2022.
6. The transferee Court shall also ensure that for facilitation of the parties, successive or consecutive date(s) of hearing and/or for recording of evidence are fixed to suit the convenience of the parties.
7. The Registry is directed to send a copy of this Order to both the Courts immediately for compliance.
8. This transfer petition is allowed in the aforesaid terms.
