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TARANNUM JABEEN v. ABDUL MOID

Supreme Court of India | Diary 26542/2024

Status

Order

Decided On

2024-12-20

Bench

HON'BLE MR. JUSTICE SANDEEP MEHTA, HON'BLE MR. JUSTICE PANKAJ MITHAL

Petitioner

TARANNUM JABEEN

Respondent

ABDUL MOID

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Full Judgment Text

TP (CRL.) NO. 582 OF 2024

IN THE SUPREME COURT OF INDIA CRIMINAL ORIGINAL JURISDICTION

TRANSFER PETITION (CRL.) NO. 582 OF 2024

TARANNUM JABEEN PETITIONER

VERSUS

ABDUL MOID RESPONDENT

O R D E R

1. Heard learned counsel for the parties and perused the record.

2. The petitioner-wife is seeking transfer of the maintenance case filed by her

from the Court of Chief Judicial Magistrate, Family Court, Aligarh District Court,

Aligarh, Uttar Pradesh to the court of Principal Judge, Family Court, South East

District, Saket, New Delhi.

3. First of all, the petitioner who herself has initiated the maintenance petition

cannot be permitted to seek its transfer merely for the reason that she is now

residing at a different place. Secondly, the petitioner is misusing the process of the

Court as her earlier maintenance petition has already been dismissed on

20.02.2023 and the restoration application thereto has also been rejected on

17.01.2024, which facts have not been clearly highlighted while filing the present

petition.

4. In view of the aforesaid facts and circumstances, we are not inclined to

1

TP (CRL.) NO. 582 OF 2024

entertain the present transfer petition and same is accordingly, dismissed. Pending

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

……………………….......................J.

(PANKAJ MITHAL)

……………………...

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