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Bagdi Bai @ Bindu v. Laxman

Transfer Petition (Civil) · 2021 INSC 608Decided 4 Oct 2021
Transfer Petition (Civil) No. 759 of 2019
Justice S. Ravindra Bhat

Background

The wife sought transfer of her husband's divorce petition (HMA No.97 of 2017, "Laxman v. Bagdi Bai @ Bindu") from the Family Court at Patiala House, New Delhi, to a court of competent jurisdiction at Udaipur, Rajasthan, closer to her.

Decision Breakdown

The Supreme Court allowed the transfer petition, finding the wife's request justified, and ordered the divorce case transferred to a court at Udaipur, Rajasthan. It directed the Delhi Family Court to transmit the complete case record to the District Judge, Udaipur, for assignment to a Family Court there, with the transferee court to continue proceedings from the stage reached (including any interim orders already made) and conclude the case by 31 December 2022, scheduling hearing dates for the parties' convenience.

Lesson Learnt

In matrimonial disputes, a spouse facing genuine hardship in attending proceedings far from home can get the case transferred to a more convenient court, with directions ensuring the case picks up from where it left off and is decided within a fixed timeframe.

Official source (sci.gov.in)View Judgment (PDF)

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