1 IN THE SUPREME COURT OF INDIA INHERENT JURISDICTION TRANSFER PETITION (CIVIL) NO. 1555 OF 2020 MUBASHIRA NIZAM KALLAN Petitioner(s) VERSUS MOHAMMAD NIZAM KALLAN Respondent(s) O R D E R This Transfer Petition filed by the petitioner-wife under Section 25 of the Code of Civil Procedure, 1908 seeking transfer of the O.P. No. 95 of 2020 titled as “Mohammad Nizam Kallan vs. Mubashira Nizam Kallan” pending before the Court of Family Court, Malappuram, Kerala to the Principal Judge, Family Court, Thane, Maharashtra. Learned counsel for the respondent -Husband has made a statement before me that he would be withdrawing the Section 9 proceeding pending before the Court of Family Court, Malappuram, Kerala. His Statement is taken on record. In view of the Statement made on behalf of the respondent, the instant Transfer Petition is rendered infructuous and is dismissed accordingly. ......................J. [KRISHNA MURARI] New Delhi; January 31, 2022.
2 ITEM NO.13 Court 7 (Video Conferencing) 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). 1555/2020 MUBASHIRA NIZAM KALLAN Petitioner(s) VERSUS MOHAMMAD NIZAM KALLAN Respondent(s) IA No. 136989/2020 - EX-PARTE STAY) WITH T.P.(C) No. 34/2021 (XVI-A) IA No. 3808/2021 - EX-PARTE STAY) Date : 31-01-2022 These matters were called on for hearing today. CORAM : HON'BLE MR. JUSTICE KRISHNA MURARI For Petitioner(s) Mr. Arun Panwar, Adv. Mr. A.P. Madhuri, Adv. Mr. Nirnimesh Dube, AOR For Respondent(s) Mr. Shinoj K. Narayanan, adv. Mr. K. Rajeev, AOR Mr. Aditya Verma, Adv. UPON hearing the counsel the Court made the following O R D E R T.P.(C) No. 1555/2020 The Transfer Petition is dismissed as having become infructuous in terms of the signed order. T.P.(C) No. 34/2021 In order to explore the possibility of settlement of the dispute between the parties, this matter is referred to
3 the Supreme Court Mediation Centre. The parties are accordingly directed to report to the Coordinator of the Supreme Court Mediation Centre on 14 th February, 2022 at 11.00 a.m. The Coordinator shall appoint a mediator who shall first convene a meeting of the parties virtually. To enable the Mediator to establish contact with the parties, the learned counsel on both sides shall file a memo within a week indicating the mobile phone numbers and the e- mail addresses of the parties. The Co-ordinator, Mediation Center, after making an endeavour for amicable resolution of the disputes, shall submit a report to this Court on conclusion of the proceedings. List the matter after receipt of report from the Mediator. (NEELAM GULATI) (ANJU KAPOOR) ASTT. REGISTRAR-cum-PS COURT MASTER (NSH) (Signed order in T.P.(C) No. 1555 OF 2020 is placed on file)
ITEM NO.15 REGISTRAR COURT. 1 THROUGH VIDEO CONFERENCE 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. RAJESH KUMAR GOEL Transfer Petition(s)(Civil) No(s). 1555/2020 MUBASHIRA NIZAM KALLAN Petitioner(s) VERSUS MOHAMMAD NIZAM KALLAN Respondent(s) WITH T.P.(C) No. 34/2021 (XVI-A) (FOR ADMISSION and IA No.3808/2021-EX-PARTE STAY) Date : 17-03-2021 This petition was called on for hearing today. For Petitioner(s) Mr Arun Kumar Panwar, Adv. Mr. Nirnimesh Dube, AOR For Respondent(s) Mr. K. Rajeev, AOR UPON hearing the counsel through Video Conference, the Court made the following O R D E R Both matters Sole respondent(Common) is granted four weeks time for filing counter affidavit. List again on 28.4.2021. RAJESH KUMAR GOEL Registrar
ITEM NO.1 Court 12 (Video Conferencing) 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. 1555/2020 MUBASHIRA NIZAM KALLAN Petitioner(s) VERSUS MOHAMMAD NIZAM KALLAN Respondent(s) (FOR ADMISSION and IA No.136989/2020-EX-PARTE STAY) WITH T.P.(C) No. 34/2021 (XVI-A) (FOR ADMISSION and IA No.3808/2021-EX-PARTE STAY) Date : 29-01-2021 These petitions were called on for hearing today. CORAM : HON'BLE MR. JUSTICE HRISHIKESH ROY For Petitioner(s) Mr. Arun Kumar Panwar, Adv. Mr. Nirnimesh Dube, AOR For Respondent(s) UPON hearing the counsel the Court made the following O R D E R The petitioner(wife) has filed these two transfer petitions for transfer of the case for Restitution of Conjugal Rights and also the Custody case filed by the respondent(husband), from the Court at Malappuram, Kerala, and at Kozhikode, Kerala, to a competent Court at Thane, Maharashtra. Mr. Arun Kumar Panwar, learned counsel, submits that 1
TP(C) No. 1555/2020 etc. the petitioner faced abuse and beatings in her matrimonial home and since June, 2019, she is residing at her parental home at Thane. It is further submitted that the respondent who is a well-off person has taken away the two minor daughters to Kerala, without the mother’s consent. The petitioner is currently unemployed and is dependant on her parents. In view of above, let notice be issued, returnable in four weeks. In the meantime, there shall be a stay of further proceedings in (i) O.P. No. 95/2020 titled as Mohammad Nizam Kallan v. Mubashira Nizam Kallan pending before Family Court, Malappuram, Kerala and (ii) O.P. No. 126/2020 titled as Mohammad Nizam Kallan v. Mubashira Nizam Kallan, pending before Family Court, Kozhikode, Kerala. (NIDHI AHUJA) (BEENA JOLLY) AR-cum-PS COURT MASTER (NSH) 2