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Bagdi Bai @ Bindu vs Laxman

Supreme Court Of India|04 October, 2021
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JUDGMENT / ORDER

Summary

Issue: Transfer of Divorce Petition
Rule: Section 19 of the Hindu Marriage Act, 1955
Application: The petitioner has sought transfer of the divorce petition to a Court of competent jurisdiction at Udaipur, Rajasthan, and the respondent has opposed the transfer petition.
Conclusion: The transfer petition is allowed in the aforesaid terms, and the divorce petition is transferred from the Family Court, Patiala House, New Delhi to a Court of competent jurisdiction at Udaipur, Rajasthan.
IN THE SUPREME COURT OF INDIA CIVIL ORIGINAL JURISDICTION TRANSFER PETITION (CIVIL) NO.759 OF 2019 BAGDI BAI @ BINDU Petitioner VERSUS LAXMAN Respondent O R D E R 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.
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.
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.
SIGN 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.
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.
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.
The Registry is directed to send a copy of this Order to both the Courts immediately for compliance.
This transfer petition is allowed in the aforesaid terms.
. J.
[S. RAVINDRA BHAT] NEW DELHI; OCTOBER 04, 2021
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Title

Bagdi Bai @ Bindu vs Laxman

Court

Supreme Court Of India

JudgmentDate
04 October, 2021
Judges
  • S Ravindra Bhat