Supreme CourtDivision Bench(2008) 12 SC CK 0017

Fatema vs Jafri Syed Husain @ Syed Parvez Jafferi

Supreme Court Of India · Decided on 3 December 2008 · Citation: AIR 2009 SC 1773 : (2009) AIRSCW 1347 : (2009) 2 AWC 1344 Supp : (2009) 17 SCC 401 : (2008) 8 Supreme 394

HON’BLE JUDGES
Tarun Chatterjee, J · G. S. Singhvi, J
RESULT
Dismissed
CASE NUMBER
Writ Petition (C) No. 91 of 2008

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Judgment

4 paragraphs · 182 words
1.

This is a petition for transfer of Petition No. A-55/2008 pending before the Family Court at Aurangabad (Jafri Sayed Hussain (Parvez) v. Fatima) to the Civil Court at Srinagar, in the State of Jammu & Kashmir.

2.

Having heard the learned Counsel for the parties and after going through the materials on record and considering the fact that the wife/petitioner is only 22 years of age and, therefore, it would be difficult for her to attend the Court proceedings at Aurangabad from Srinagar.

3.

Accordingly, we allow this petition for transfer of the aforesaid case now pending before the Family Court at Aurangabad to the Civil Court at Srinagar, Jammu & Kashmir for final disposal. The learned Judge, Family Court at Aurangabad is directed to transmit the case records of the aforesaid case to the Family Court at Srinagar, Jammu & Kashmir within a period of two months from the date of supply of a copy of this order to him.

4.

With the aforesaid directions, the application for transfer is thus allowed. There will be no order as to costs.