Supreme Court Transfers Divorce Case from Delhi to Udaipur for Wife’s Convenience

The Supreme Court of India has ruled in favor of a petitioner-wife, Bagdi Bai @ Bindu, by transferring a divorce case filed by her husband, Laxman, from the Family Court in Patiala House, New Delhi, to a competent court in Udaipur, Rajasthan. This decision underscores the principle that in matrimonial disputes, the convenience of the wife is often prioritized.

Background of the Case

The petitioner-wife, Bagdi Bai @ Bindu, approached the Supreme Court seeking the transfer of a divorce petition filed by her husband in New Delhi to Udaipur, Rajasthan. She argued that attending hearings in New Delhi posed significant hardships for her.

Read also: https://judgmentlibrary.com/supreme-court-denies-transfer-of-divorce-case-but-grants-travel-expenses-to-wife/

Supreme Court’s Decision

After considering the pleadings and arguments, the Supreme Court found merit in the petitioner’s request and ordered the transfer of the divorce proceedings. The Court issued the following directives:

• The divorce case (HMA No.97 of 2017) pending before the Principal Judge, Family Court, Patiala House, New Delhi, shall be transferred to a competent court in Udaipur, Rajasthan.
• The Family Court in New Delhi must transmit the entire case record to the District Judge, Udaipur.
• The District Judge, Udaipur, will then assign the case to the appropriate Family Court.
• The transferee court must continue the proceedings from the interim order stage and conclude the case expeditiously, preferably before December 31, 2022.
• The transferee court should facilitate successive or consecutive hearing dates to suit the convenience of both parties.

Legal Implications of the Judgment

This ruling reaffirms the judiciary’s approach in matrimonial cases, where the convenience of the wife is given significant consideration when deciding transfer petitions. The decision also emphasizes the importance of expeditious proceedings in family law matters.

Read also: https://judgmentlibrary.com/supreme-court-allows-virtual-divorce-proceedings-amid-transfer-petition/

Conclusion

By transferring the case to Udaipur, the Supreme Court has ensured that the petitioner-wife does not face undue hardship in accessing justice. This judgment serves as a precedent for similar cases where spouses, particularly wives, face logistical challenges in attending court proceedings far from their place of residence.

Petitioner Name: Bagdi Bai @ Bindu.
Respondent Name: Laxman.
Judgment By: Justice S. Ravindra Bhat.
Place Of Incident: New Delhi.
Judgment Date: 04-10-2021.

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