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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

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

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.

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.

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