2022 Supreme(SC) 1624

SUPREME COURT OF INDIA
Uday Umesh Lalit, CJI., S. Ravindra Bhat, J.
Kahkansha Anjum Khan – Appellant
Versus
Mohammad Wamique Ansari – Respondent
Transfer Petition (Civil) No. 741 of 2021
Decided On : 05-09-2022

The court has the authority to allow the transfer of a case from one jurisdiction to another under Section 281 of the Muslim Law based on the facts and circumstances of the case.

Headnote:

Transfer Petition - Jurisdiction Transfer - The court allowed the transfer petition filed by the petitioner-wife under Section 281 of the Muslim Law, transferring the case from the Family Court at Azamgarh, Uttar Pradesh to the Court of Principal Judge, Family Court, Jabalpur, Madhya Pradesh.

Fact of the Case:

The petitioner-wife filed a transfer petition seeking transfer of the case filed by the respondent-husband under Section 281 of the Muslim Law from the Family Court at Azamgarh, Uttar Pradesh to the Court of Principal Judge, Family Court, Jabalpur, Madhya Pradesh. An interim order was passed staying further proceedings pending before the Family Court at Azamgarh.

Finding of the Court:

The court, after considering the facts and circumstances on the record, allowed the transfer petition and directed the Family Court at Azamgarh to transmit the entire record to the transferee court immediately.

Issues: The main issue was the transfer of the case from one jurisdiction to another under Section 281 of the Muslim Law.

Ratio Decidendi: The court's decision was influenced by the facts and circumstances on the record, and the provisions under Section 281 of the Muslim Law, which allowed for the transfer of the case.

Final Decision: The transfer petition was allowed, and Case No. 859 of 2020 pending before the Family Court at Azamgarh, Uttar Pradesh was transferred to the Court of Principal Judge, Family Court, Jabalpur, Madhya Pradesh.