SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Audio Icon Pause Audio Icon
judgment-img

2025 Supreme(Online)(SC) 9911

SUPREME COURT OF INDIA
PAMIDIGHANTAM SRI NARASIMHA, ATUL S. CHANDURKAR, JAYANT KUMAR ARORA, JJ
NISHAT IMTEYAZ @ NISHAT IMAM – Appellant
Versus
MD. ALI IMAM – Respondent
Transfer Petition (Civil) No. 2217 of 2024



Advocates:
For the Appellants/Petitioners: Ms. Kawalpreet Kaur, Mr. Satya Mitra
For the Respondents: Mr. Smarhar Singh, Mr. Pankaj Prakash, Ms. Shweta Kumari, Mr. Manoj Kumar, Mr. Dhananjaya Kumar Tyagi, Mr. Mohd Asim

Court mandates transfer of maintenance case for fair proceedings.

Headnote:The petitioner filed for transfer under Section 25 of the Code of Civil Procedure, 1908, to move a maintenance case from Patna to New Delhi. Mediation efforts failed, leading to the court allowing the transfer petition. The court reasoned that a transfer was essential for justice. The transfer petition was allowed in line with the signed order.

Table of Content
1. transfer of maintenance case under section 25. (Para 1)
2. mediation efforts were unsuccessful. (Para 2)
3. court's directive to transfer case. (Para 3)

O R D E R

1. The petitioner-wife has filed the petition under Section 25 of the Code of Civil Procedure , 1908 before this Court seeking transfer of Case bearing Maintenance Case No. 16(M)/2020 titled as “Nishat Imteyaz @Nishat Imam Vs. Ali Imam” pending before the Family Court at Patna to the Family Court at Saket Courts, New Delhi.

2. Vide order dated 19.11.2024, by the consent of the parties, the matter was referred to Supreme Court Mediation Centre. The Mediation Report dated 11.02.2025 indicates that the mediation between the parties has failed.

3. Having heard learned counsel appearing for the parties and taking into consideration the grounds taken in the transfer petition, we allow the transfer petition and direct the transfer of case bearing Maintenance Case No. 16(M)/2020 titled as “Nishat Imteyaz @Nishat Imam Vs. Ali Signature Not Verified Imam” from the Family Court at Patna to the Family Court Digitally signed by Jayant Kumar Arora Date: 2025.10.18

11:53:15 IST at Saket Courts, New Delhi.

Reason:

4. Let the record of the case be transferred without delay.

5. A copy of this order be sent to the concerned court for compliance.

6. If video conferencing facility is available with the transferee Court, the benefit of the same shall be extended to the parties.

7. Pending application(s), if any, shall stand disposed of.

……………………………………………………………………….J.

[PAMIDIGHANTAM SRI NARASIMHA]

…………………………………………………………………...J.

[ATUL S. CHANDURKAR]

NEW DELHI;

OCTOBER 16, 2025.

ITEM NO.1 COURT NO.6 SECTION XVI S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Transfer Petition(s)(Civil) No(s). 2217/2024 NISHAT IMTEYAZ @ NISHAT IMAM Petitioner(s)

VERSUS MD. ALI IMAM Respondent(s)

(IA No. 187011/2024 - STAY APPLICATION)

Date : 16-10-2025 This matter was called on for hearing today.

CORAM : HON'BLE MR. JUSTICE PAMIDIGHANTAM SRI NARASIMHA HON'BLE MR. JUSTICE ATUL S. CHANDURKAR For Petitioner(s) : Ms. Kawalpreet Kaur, Adv.

Mr. Satya Mitra, AOR For Respondent(s) : Mr. Smarhar Singh, AOR Mr. Pankaj Prakash, Adv.

Ms. Shweta Kumari, Adv.

Mr. Manoj Kumar, Adv.

Mr. Dhananjaya Kumar Tyagi, Adv.

Mr. Mohd Asim, Adv.

UPON hearing the counsel the Court made the following

O R D E R

1. The Transfer Petition is allowed in terms of the signed order. 2. Pending interlocutory application(s), if any, is/are disposed of.

Click Here to Read the rest of this document
1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon Back to top