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2008 Supreme(SC) 1796
2008(8) Supreme 394
SUPREME COURT OF INDIA
Tarun Chatterjee and G.S. Singhvi, JJ.
Fatema — Appellant
versus
Jafri Syed Husain @ Syed Parvez Jafferi — Respondent
Writ Petition (C) No. 91 of 2008
Decided on : 03-12-2008
Important Points
Where petitioner was only 22 years of age and, it was difficult for her to attend Court proceedings at Aurangabad from Srinagar, petition was allowed for transfer of case pending before Family Court at Aurangabad to the Civil Court at Srinagar, Jammu & Kashmir for final disposal.
Subject
Transfer of Case - Family Court Transfer
Headnote
Facts of the Case :
Petition for transfer of Petition No. A-55/2008 pending before Family Court at Aurangabad (Jafri Sayed Hussain (Parvez) Vs. Fatima) to the Civil Court at Srinagar, in the State of Jammu & Kashmir was filed herein in the instant case.
Findings of the Court :
In view of materials on record and considering the fact that the wife/petitioner was only 22 years of age and, therefore, it would be difficult for her to attend Court proceedings at Aurangabad from Srinagar, petition was allowed for transfer of the aforesaid case now pending before Family Court at Aurangabad to the Civil Court at Srinagar, Jammu & Kashmir for final disposal.Application for transfer was allowed.
Result : Petition allowed.
For the Appellant :Ms. Kavita Wadia, Advocate.
For the Respondent:Atul Kumar and Himanshu Shekhar, Advocates.
ORDER
1. This is a petition for transfer of Petition No. A-55/2008 pending before the Family Court at Aurangabad (Jafri Sayed Hussain (Parvez) Vs. 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.
3. With the aforesaid directions, the application for transfer is thus allowed. There will be no order as to costs.
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