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Fatima Noor Vs. Faiyaz Ahmed [2008] INSC 1609 (22 September 2008)

Judgment

CIVIL ORIGINAL JURISDICTION TRANSFER PETITION (C.) NO.723 OF 2007 FATIMA NOOR. Petitioner(s) VERSUS FAIYAZ AHMED Respondent(s) ORDER 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 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.

 

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