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Kahkansha Anjum Khan v, Mohammad Wamique Ansari

1. This transfer petition has been filed by the petitioner-wife seeking transfer of petition filed by the respondent-husband under Section 281 of the Muslim Law, in the Family Court at Azamgarh, Uttar Pradesh to the Court of Principal Judge, Family Court, Jabalpur, Madhya Pradesh.

(Uday Umesh Lalit, C.J. and S. Ravindra Bhat, J.)

 

Kahkansha Anjum Khan ______________________________ Petitioner;

 

v.

 

Mohammad Wamique Ansari ________________________ Respondent.

 

Transfer Petition (Civil) No. 741 of 2021, decided on September 5, 2022

 

The Order of the court was delivered by

Order

 

1. This transfer petition has been filed by the petitioner-wife seeking transfer of petition filed by the respondent-husband under Section 281 of the Muslim Law, in the Family Court at Azamgarh, Uttar Pradesh to the Court of Principal Judge, Family Court, Jabalpur, Madhya Pradesh.

 

2. On 20.04.2021, notice was issued by this Court and an interim order was passed staying further proceedings pending before the Family Court at Azamgarh.

 

3. According to the office report, service of notice has been effected upon the respondent. However, the respondent has chosen not to enter appearance in this Court.

 

4. We have heard learned counsel for the petitioner and perused the record.

 

5. Considering the facts and circumstances on the record, we deem it appropriate to allow this transfer petition.

 

6. Consequently, Case No. 859 of 2020, titled as “Mohammad Wamique Ansari v. Kahkansha Anjum Khan”, pending before the Family Court at Azamgarh, Uttar Pradesh is transferred to the Court of Principal Judge, Family Court, Jabalpur, Madhya Pradesh.

 

7. The Family Court at Azamgarh is directed to transmit the entire record to the transferee court immediately.

 

8. The Registry is directed to send a copy of this Order immediately to both the Courts for compliance.

 

9. This transfer petition is allowed accordingly.

 

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