FATIMA NOOR vs. FAIYAZ AHMED

Case Type: Transfer Petition Civil

Date of Judgment: 22-09-2008

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Full Judgment Text

IN THE SUPREME COURT OF INDIA CIVIL ORIGINAL JURISDICTION TRANSFER PETITION (C.) NO.723 OF 2007 FATIMA NOOR. Petitioner(s) VERSUS FAIYAZ AHMED Respondent(s) O R D E R 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 st the respondent-husband, which is pending before the Civil Judge, 1 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 st Vs. Fatima Noor, pending before the Civil Judge, 1 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.