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Kahkansha Anjum Khan vs Mohammad Wamique Ansari

Transfer Petition (Civil) · 2022 INSC 917Decided 5 Sept 2022
Transfer Petition (Civil) No. 741 of 2021
Uday Umesh Lalit · S. Ravindra Bhat

Background

The petitioner-wife sought to transfer a case filed by her husband under Section 281 of Muslim personal law, pending before the Family Court at Azamgarh, Uttar Pradesh, to the Family Court at Jabalpur, Madhya Pradesh. Notice had been issued to the husband in 2021 along with an interim stay of the Azamgarh proceedings; despite service of notice, the husband chose not to appear or contest the petition.

Decision Breakdown

Since the respondent-husband did not enter appearance despite being duly served, the Supreme Court heard only the petitioner's counsel and considered the record. Finding it appropriate given the facts and circumstances, the Court allowed the transfer petition and directed that the husband's case pending at the Family Court, Azamgarh be transferred to the Family Court at Jabalpur, with the Azamgarh court directed to immediately send the case record to the transferee court.

Lesson Learnt

In matrimonial disputes, the Supreme Court can transfer proceedings from one Family Court to another (often to a location more convenient for the wife) especially where the other spouse does not contest the request, underscoring that convenience and access to justice for the parties, particularly the wife, weighs heavily in such transfer petitions.

Official source (sci.gov.in)View Judgment (PDF)

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