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Fatema Vs. Jafri Syed Husain (Parvez) [2008] INSC 2073 (3 December 2008)

Judgment

IN THE SUPREME COURT OF INDIA CIVIL ORIGINAL JURISDICTION WRIT PETITION (C) NO. 91 OF 2008 Fatema ...Petitioner VERSUS Jafri Syed Husain @Syed Parvez Jafferi ...Respondent O R D E R

1.     This is a petition for transfer of Petition No. A-55/2008 pending before the Family Court at Aurangabad (Jafri Sayed Hussain 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.

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

..............................J. [TARUN CHATTERJEE]

..............................J.

NEW DELHI

 

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