In a recent legal ruling, a divorce case has been transferred to a Court of competent jurisdiction at Udaipur, Rajasthan. This decision highlights the significance of understanding the legal intricacies involved in jurisdiction transfers in family law matters. The court’s analysis and directives on facilitating proceedings shed light on the procedural aspects that parties need to navigate in such cases. Let’s delve into the implications of jurisdiction transfer in divorce proceedings and its impact on the parties involved.
Analysis
- The parties got married on 15.03.2004.
- The Petitioner has filed the present petition seeking dissolution of marriage under Section 13(1)(i-a) of the Hindu Marriage Act, 1955.
- The parties last resided together in the matrimonial home at Udaipur, Rajasthan.
- The present petition was filed on 19.07.2017.
- The Court of Principal Judge, Family Courts, Patiala House, New Delhi had been dealing with the divorce petition.
- The divorce petition is now transferred to a Court of competent jurisdiction at Udaipur, Rajasthan.
Also Read: Legal Analysis of Claim for Loss of Profit in Delayed Contract
Decision
- The Family Court at New Delhi is directed to transmit the entire record to the District Judge, Udaipur.
- The District Judge, Udaipur, will assign the case to the concerned Family Court in Udaipur.
- The transferee Court will continue proceedings from the stage of the interim order and conclude them by 31.12.2022.
- Facilitation of parties with consecutive dates of hearing and evidence recording are to be ensured by the transferee Court.
Also Read: Public Declaration Requirement in Marriage under Hindu Marriage Act
Case Title: BAGDI BAI @ BINDU Vs. LAXMAN (2021 INSC 608)
Case Number: T.P.(C) No.-000759 / 2019
