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HEENA AFREEN v. NAZEERAHMED

Supreme Court of India | Diary 10240/2019

Status

ROP - of Main Case

Decided On

27-10-2021

Bench

HON'BLE MR. JUSTICE PAMIDIGHANTAM SRI NARASIMHA

Petitioner

HEENA AFREEN

Respondent

NAZEERAHMED

Primary Holding

A matrimonial suit pending before a Family Court may be transferred to a Family Court in another State under Section 25 CPC where the convenience of the wife-petitioner and the interests of justice so warrant, even in the absence of the respondent after due service.

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Full Judgment Text

1 IN THE SUPREME COURT OF INDIA CIVIL ORIGINAL JURISDICTION TRANSFER PETITION CIVIL NO.656 OF 2019 HEENA AFREEN PETITIONER(S) VERSUS NAZEERAHMED RESPONDENT(S) O R D E R On 04.04.2019 notice was issued in this case. The Court has recorded on 28.02.2020 that the service is complete on sole respondent but none has put in appearance on behalf of the sole respondent and therefore the case was adjourned. On 20.05.2020, the Court recorded that the respondent has not entered appearance despite completion of service and also observed that the matter will be disposed of on the next date of hearing if the respondent does not appear. Today, when the matter came up Ms. Rukhsana Choudhury, learned counsel for the petitioner has submitted that none has entered appearance. Under these circumstances, this Court has taken up the matter for hearing. Ms. Rukhsana Choudhury, learned counsel for the petitioner stated that she seeks transfer of O.S. No.33 of 2018 titled ‘ Nazeerahmed vs. Heena Afreen ’ pending before the Principal Judge, Family Court, Vijayapura at Vijayapura, Karnataka to the Principal Judge, Family Court at Solapur, Maharashtra.

2 The grounds for seeking transfer are mentioned in the petition and reiterated. Having heard the learned counsel for the petitioner, this Court of the view that the O.S. No.33 of 2018 titled “ Nazeerahmed vs. Heena Afreen” pending before the Principal Judge, Family Court, Vijayapura at Vijayapura, Karnataka needs to be transferred to the Principal Judge, Family Court at Solapur, Maharashtra. The transferor court shall forthwith transmit the record of the aforesaid case to the transferee court. The Transfer Petition stands allowed. Pending application(s), if any, stand disposed of. …………………………………………J. [PAMIDIGHANTAM SRI NARASIMHA] New Delhi 27 th October, 2021

3 ITEM NO.19 COURT NO.10 SECTION XVI-A S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS (Through Video Conferencing) Transfer Petition(s)(Civil) No(s). 656/2019 HEENA AFREEN Petitioner(s) VERSUS NAZEERAHMED Respondent(s) (IA No. 51577/2019 - STAY APPLICATION) Date : 27-10-2021 These matters were called on for hearing today. CORAM : HON'BLE MR. JUSTICE PAMIDIGHANTAM SRI NARASIMHA For Petitioner(s) Ms. Rukhsana Choudhury, AOR For Respondent(s) UPON hearing the counsel the Court made the following O R D E R The transfer petition stands allowed, in terms of the signed order. Pending application(s), if any, stand disposed of. (JAGDISH KUMAR) (RENU KAPOOR) COURT MASTER (SH) BRANCH OFFICER (Signed order is placed on the file)

ITEM NO.17 VIRTUAL COURT 7 SECTION XVI-A S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Transfer Petition (C) No.656/2019 HEENA AFREEN Petitioner(s) VERSUS NAZEERAHMED Respondent(s) (With appln. for stay) Date : 20-05-2020 This matter was called on for hearing today. CORAM : HON'BLE MR. JUSTICE ANIRUDDHA BOSE For Petitioner(s) Ms. Rukhsana Choudhury,AOR For Respondent(s) UPON hearing the counsel the Court made the following O R D E R No one has put in appearance on behalf of the respondent. Learned counsel for the petitioner-wife is present. Hearing is adjourned for a period of two weeks. If no one puts in appearance on behalf of the respondent on the next date of hearing, this Court shall consider proceeding in the matter in his absence and pass appropriate orders. (B.Parvathi) (Anita Rani Ahuja) Court Master Branch Officer

ITEM NO.34 REGISTRAR COURT. 1 SECTION XVI - A S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS BEFORE THE REGISTRAR SH. ANIL LAXMAN PANSARE Transfer Petition(s)(Civil) No(s). 656/2019 HEENA AFREEN Petitioner(s) VERSUS NAZEERAHMED Respondent(s) Date : 28 - 02 - 2020 This petition was called o n for hearing today. For Petitioner(s) Ms. Rukhsana Choudhury, AOR For Respondent(s) UPON hearing the counsel the Court made the following O R D E R Service is complete on the sole respondent but none has entered appearance. Registry to process the matter for listing before the Hon'ble Court, as per rules. ANIL LAXMAN PANSARE Registrar

ITEM NO.80 REGISTRAR COURT. 1 SECTION XVI-A S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS BEFORE THE REGISTRAR SH. ANIL LAXMAN PANSARE Transfer Petition(s)(Civil) No(s). 656/2019 HEENA AFREEN Petitioner(s) VERSUS NAZEERAHMED Respondent(s) Date : 02-12-2019 This petition was called on for hearing today. For Petitioner(s) Ms. Rukhsana Choudhury, AOR For Respondent(s) UPON hearing the counsel the Court made the following O R D E R As per office report, affidavit of dasti service in respect of the sole respondent has been filed but it is defective. However, Ld. Counsel for the petitioner requested to serve the respondent through District Judge. Permission granted. Fresh steps be taken within two weeks. Ld. Counsel for the petitioner to furnish the details of District Judge within seven days. Notice be issued through District Judge in terms of Order LIII Rule 3, Supreme Court Rules, 2013. In addition, service to be effected through the counsel appearing before the Trial Court in terms of Order XLI Rule 5 read with Order XXI, Rule 3(g) of Supreme Court Rules, 2013. List again on 28.2.2020. ANIL LAXMAN PANSARE Registrar

ITEM NO.43 REGISTRAR COURT. 1 SECTION XVI-A S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS BEFORE THE REGISTRAR SH. ANIL LAXMAN PANSARE Transfer Petition(s)(Civil) No(s). 656/2019 HEENA AFREEN Petitioner(s) VERSUS NAZEERAHMED Respondent(s) Date : 13-09-2019 This petition was called on for hearing today. For Petitioner(s) Ms. Rukhsana Choudhury, AOR For Respondent(s) UPON hearing the counsel the Court made the following O R D E R Fresh address in respect of the sole respondent has been filed. Issue notice immediately. Affidavit of dasti service be filed within four weeks time as last opportunity. List again on 2.12.2019. ANIL LAXMAN PANSARE Registrar

ITEM NO.80 REGISTRAR COURT. 1 SECTION XVI-A S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS BEFORE THE REGISTRAR RAJESH KUMAR GOEL Transfer Petition(s)(Civil) No(s). 656/2019 HEENA AFREEN Petitioner(s) VERSUS NAZEERAHMED Respondent(s) Date : 11-07-2019 This petition was called on for hearing today. For Petitioner(s) Ms. Rukhsana Choudhury, AOR For Respondent(s) UPON hearing the counsel the Court made the following O R D E R Ld. Counsel for the petitioner to file affidavit of dasti service in respect of the sole respondent within four weeks. List again on 13.9.2019. RAJESH KUMAR GOEL Registrar

REVISED ITEM NO.7 COURT NO.8 SECTION XVI-A 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). 656/2019 HEENA AFREEN Petitioner(s) VERSUS NAZEERAHMED Respondent(s) (FOR ADMISSION and IA No.51577/2019-STAY APPLICATION) Date : 04-04-2019 This petition was called on for hearing today. CORAM : HON'BLE MR. JUSTICE A.M. KHANWILKAR HON'BLE MR. JUSTICE AJAY RASTOGI For Petitioner(s) Ms. Rukhsana Choudhury, AOR For Respondent(s) UPON hearing the counsel the Court made the following O R D E R Issue notice, returnable in six weeks. Dasti, in addition, is permitted. Until further orders, there shall be stay of further proceedings in O.S. No.33 of 2018 titled 'Nazeerahmed vs. Heena Afreen’ pending before the Family Court, Vijayapura at Vijayapura, Karnataka. (NEETU KHAJURIA) COURT MASTER (VIDYA NEGI) COURT MASTER

ITEM NO.7 COURT NO.8 SECTION XVI-A 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). 656/2019 HEENA AFREEN Petitioner(s) VERSUS NAZEERAHMED Respondent(s) (FOR ADMISSION and IA No.51577/2019-STAY APPLICATION) Date : 04-04-2019 This petition was called on for hearing today. CORAM : HON'BLE MR. JUSTICE A.M. KHANWILKAR HON'BLE MR. JUSTICE AJAY RASTOGI For Petitioner(s) Ms. Rukhsana Choudhury, AOR For Respondent(s) UPON hearing the counsel the Court made the following O R D E R Application for exemption from filing official translation is allowed. Issue notice, returnable in six weeks. Dasti, in addition, is permitted. Until further orders, there shall be stay of further proceedings in O.S. No.33 of 2018 titled 'Nazeerahmed vs. Heena Afreen’ pending before the Family Court, Vijayapura at Vijayapura, Karnataka. (NEETU KHAJURIA) COURT MASTER (VIDYA NEGI) COURT MASTER

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