Case Note & Summary
The Supreme Court of India considered a transfer petition filed by the petitioner-wife seeking to transfer divorce proceedings initiated by the respondent-husband. The divorce petition was originally filed in the Court of Principal Judge, Family Court, Patiala House, New Delhi. The petitioner requested transfer to a court of competent jurisdiction at Udaipur, Rajasthan. After considering the pleadings and submissions made on behalf of the respondent, the court determined that the transfer request was justified. The court analyzed the convenience of the parties and the need for expeditious disposal of the case. The court ordered the transfer of divorce petition HMA No.97 of 2017 from New Delhi to Udaipur, Rajasthan, directing the Family Court at New Delhi to transmit the entire record to the District Judge, Udaipur. The transferee court was instructed to continue proceedings from the stage when the interim order was made and conclude them expeditiously by December 31, 2022. The court emphasized fixing consecutive hearing dates to suit party convenience. The transfer petition was allowed with these directions.
Headnote
A) Family Law - Divorce Proceedings - Transfer of Cases - Code of Civil Procedure, 1908, Section 25 - Petitioner-wife sought transfer of divorce petition filed by respondent-husband from Delhi to Rajasthan for convenience - Court found request justified and ordered transfer to Udaipur, Rajasthan - Held that transfer is appropriate to facilitate parties and ensure expeditious disposal (Paras 1-2).
Issue of Consideration
Whether the transfer of divorce petition from Family Court, Patiala House, New Delhi to a competent court at Udaipur, Rajasthan is justified
Final Decision
Transfer petition allowed. Divorce petition HMA No.97 of 2017 transferred from Court of Principal Judge, Family Courts, Patiala House, New Delhi to a court of competent jurisdiction at Udaipur, Rajasthan. Family Court at New Delhi directed to transmit entire record to District Judge, Udaipur. Transferee court to continue proceedings from stage of interim order and conclude by December 31, 2022, fixing consecutive hearing dates for party convenience.
Law Points
- Transfer of proceedings under Section 25 of Code of Civil Procedure
- 1908
- convenience of parties
- expeditious disposal of cases
Case Details
2021 LawText (SC) (10) 32
Transfer Petition (Civil) No.759 of 2019
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Nature of Litigation
Transfer petition seeking transfer of divorce proceedings from Delhi to Rajasthan
Remedy Sought
Petitioner-wife seeking transfer of divorce petition filed by respondent-husband from Family Court, Patiala House, New Delhi to a court of competent jurisdiction at Udaipur, Rajasthan
Filing Reason
To facilitate convenience of parties and ensure proper adjudication of divorce proceedings
Previous Decisions
Divorce petition HMA No.97 of 2017 titled 'Laxman v. Bagdi Bai @ Bindu' pending in Court of Principal Judge, Family Courts, Patiala House, New Delhi
Issues
Whether transfer of divorce petition from Family Court, Patiala House, New Delhi to Udaipur, Rajasthan is justified
Submissions/Arguments
Petitioner-wife sought transfer for convenience
Respondent's submissions were considered by the court
Ratio Decidendi
Transfer of proceedings is justified when it facilitates convenience of parties and ensures expeditious disposal of cases. The court has discretion under Section 25 of Code of Civil Procedure, 1908 to transfer cases between courts of competent jurisdiction.
Judgment Excerpts
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.
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.
Procedural History
Divorce petition HMA No.97 of 2017 filed by respondent-husband in Court of Principal Judge, Family Court, Patiala House, New Delhi. Transfer Petition (Civil) No.759 of 2019 filed by petitioner-wife in Supreme Court seeking transfer to Udaipur, Rajasthan. Supreme Court heard pleadings and submissions, allowed transfer petition on October 04, 2021.
Acts & Sections
- Code of Civil Procedure, 1908: Section 25
