Transfer of Family Court Case

In a recent legal development, a Family Court case has been successfully transferred from one jurisdiction to another, highlighting the court’s thorough assessment of the situation. This decision underscores the importance of procedural fairness and efficient judicial processes in resolving legal disputes. Let’s delve deeper into the significance of this transfer and its implications in the legal sphere.

Facts

  • Transfer petition filed by petitioner-wife seeking transfer of petition filed by respondent-husband under Section 281 of Muslim Law
  • Transfer sought from Family Court at Azamgarh, Uttar Pradesh to Court of Principal Judge, Family Court, Jabalpur, Madhya Pradesh
  • Notice issued by Court on 20.04.2021 with interim order staying further proceedings at Family Court in Azamgarh
  • Service of notice confirmed on respondent but respondent has not appeared in Court

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Decision

  • Case No.859 of 2020, titled as ‘Mohammad Wamique Ansari v. Kahkansha Anjum Khan’ is transferred from the Family Court in Azamgarh, Uttar Pradesh to the Court of Principal Judge, Family Court in Jabalpur, Madhya Pradesh.
  • The Family Court in Azamgarh is directed to promptly send all records to the transferee court.
  • The transfer petition has been allowed based on the facts and circumstances presented in the record.
  • The Registry is instructed to provide copies of this order to both courts for compliance.

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Case Title: KAHKANSHA ANJUM KHAN Vs. MOHAMMAD WAMIQUE ANSARI (2022 INSC 917)

Case Number: T.P.(C) No.-000741 / 2021

Click here to read/download original judgement

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