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IN THE SUPREME COURT OF INDIA
CIVIL ORIGINAL JURISDICTION
CIVIL ORIGINAL JURISDICTION
TRANSFER PETITION (C.) NO.723 OF 2007
FATIMA NOOR. Petitioner(s)
FATIMA NOOR. Petitioner(s)
VERSUS
FAIYAZ AHMED Respondent(s)
Heard both sides.
We had explored the possibility of a reconciliation between the parties but it was not successful and the petitioner-wife seeks transfer of the case filed by the respondent-husband, which is pending before the Civil Judge, 1st
Class (Junior
Division), Bulandsheher (U.P.) to the District Court, Delhi. We are told that the petitioner-wife is now staying in Delhi and she contends that it will not be possible for her to contest the case at Bulandsheher, in view of her financial condition. In the circumstances, we direct the case titled Petition No.309/2003- Faiyaz Ahmed
Vs. Fatima Noor, pending before the Civil Judge, 1st
Class (Junior Division), Bulandsheher be transferred to the District Court at Delhi. The District Judge, Delhi will try the case himself or entrust the same to any other Court having jurisdiction.
The transfer petition is allowed accordingly.
All the records be transmitted to the transferred Court. ..................CJI.
(K.G. BALAKRISHNAN) ....................J.
(P. SATHASIVAM) ....................J.
(J.M. PANCHAL)
NEW DELHI;
22ND SEPTEMBER, 2008.
Heard both sides.
We had explored the possibility of a reconciliation between the parties but it was not successful and the petitioner-wife seeks transfer of the case filed by the respondent-husband, which is pending before the Civil Judge, 1st
Class (Junior
Division), Bulandsheher (U.P.) to the District Court, Delhi. We are told that the petitioner-wife is now staying in Delhi and she contends that it will not be possible for her to contest the case at Bulandsheher, in view of her financial condition. In the circumstances, we direct the case titled Petition No.309/2003- Faiyaz Ahmed
Vs. Fatima Noor, pending before the Civil Judge, 1st
Class (Junior Division), Bulandsheher be transferred to the District Court at Delhi. The District Judge, Delhi will try the case himself or entrust the same to any other Court having jurisdiction.
The transfer petition is allowed accordingly.
All the records be transmitted to the transferred Court. ..................CJI.
(K.G. BALAKRISHNAN) ....................J.
(P. SATHASIVAM) ....................J.
(J.M. PANCHAL)
NEW DELHI;
22ND SEPTEMBER, 2008.
JUDGMENT