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ALIJA NOOR v. MOHD. ZUNAID

Supreme Court of India | Diary 28105/2024

Status

Order

Decided On

2024-11-28

Bench

HON'BLE MR. JUSTICE PRASHANT KUMAR MISHRA, HON'BLE MR. JUSTICE DIPANKAR DATTA

Petitioner

ALIJA NOOR

Respondent

MOHD. ZUNAID

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Full Judgment Text

1

IN THE SUPREME COURT OF INDIA CIVIL ORIGINAL JURISDICTION

TRANSFER PETITION (C) NO.1661 OF 2024

ALIJA NOOR Petitioner(s)

VERSUS

MOHD. ZUNAID Respondent(s)

O R D E R

1. Read the office report dated 25th November, 2024.

2. Despite having agreed to participate in mediation proceedings, the

respondent-husband has stayed away. This appears from the report of the

Mediator dated 21st November, 2024. Be that as it may.

3. By presenting this petition under Section 25 of the Code of Civil

Procedure, 1908, the petitioner-wife seeks transfer of divorce proceedings

initiated by the respondent-husband, being Civil Suit No. 199 of 2024 titled

“Mohd. Zunaid Vs. Aliza Noor”, from the Family Court, Bijnor, Uttar Pradesh to

the Family Court, Karkardooma, Delhi on the grounds urged therein.

4. We have heard learned counsel for the parties and perused the averments

made in the transfer petition.

5. The petitioner-wife has expressed serious difficulties and problems that

she is likely to face if the proceedings were continued in the Family Court,

Bijnor, Uttar Pradesh. These, in our view, would far outweigh the inconvenience

the respondent-husband might encounter if the proceedings were transferred to

and conducted at the Family Court, Karkardooma, Delhi. Thus, we are of the

considered opinion that the prayer for trans...

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