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IN THE SUPREME COURT OF INDIA
CIVIL ORIGINAL JURISDICTION
CIVIL ORIGINAL JURISDICTION
TRANSFER PETITION (CIVIL) NO.741 OF 2021
KAHKANSHA ANJUM KHAN Petitioner
KAHKANSHA ANJUM KHAN Petitioner
VERSUS
MOHAMMAD WAMIQUE ANSARI Respondent
This transfer petition has been filed by the petitioner-wife seeking transfer of petition filed by the respondent-husband under
Section 281 of the Muslim Law, in the Family Court at Azamgarh, Uttar Pradesh to the Court of Principal Judge, Family Court, Jabalpur, Madhya Pradesh.
On 20.04.2021, notice was issued by this Court and an interim order was passed staying further proceedings pending before the
Family Court at Azamgarh.
According to the office report, service of notice has been effected upon the respondent. However, the respondent has chosen not to enter appearance in this Court.
We have heard learned counsel for the petitioner and perused the record.
Considering the facts and circumstances on the record, we deem it appropriate to allow this transfer petition.
This transfer petition has been filed by the petitioner-wife seeking transfer of petition filed by the respondent-husband under
Section 281 of the Muslim Law, in the Family Court at Azamgarh, Uttar Pradesh to the Court of Principal Judge, Family Court, Jabalpur, Madhya Pradesh.
On 20.04.2021, notice was issued by this Court and an interim order was passed staying further proceedings pending before the
Family Court at Azamgarh.
According to the office report, service of notice has been effected upon the respondent. However, the respondent has chosen not to enter appearance in this Court.
We have heard learned counsel for the petitioner and perused the record.
Considering the facts and circumstances on the record, we deem it appropriate to allow this transfer petition.
ORDER
2022 INSC 917
Consequently, Case No.859 of 2020, titled as “Mohammad Wamique Ansari v. Kahkansha Anjum Khan”, pending before the Family Court at Azamgarh, Uttar Pradesh is transferred to the Court of Principal Judge, Family Court, Jabalpur, Madhya Pradesh. The Family Court at Azamgarh is directed to transmit the entire record to the transferee court immediately. The Registry is directed to send a copy of this Order immediately to both the Courts for compliance. This transfer petition is allowed accordingly. ...............................CJI. [UDAY UMESH LALIT] .................................J. [S. RAVINDRA BHAT] NEW DELHI; SEPTEMBER 05, 2022
JUDGMENT