Supreme Court - Daily Orders
Rubaiya Sultana vs Munkashif Hossian on 7 February, 2024
Author: Surya Kant
Bench: Surya Kant
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IN THE SUPREME COURT OF INDIA
CIVIL ORIGINAL JURISDICTION
TRANSFER PETITION (C)No.2274 of 2023
RUBAIYA SULTANA PETITIONER
VERSUS
MUNKASHIF HOSSIAN RESPONDENT
O R D E R
1. The petitioner-wife seeks transfer of CS/77/2023, titled “Munkashif Hossain vs. Rubaiya Sultana”, filed by the respondent- husband, which is pending before the Additional Principal Judge, Family Court, Ludhiana, Punjab. The petitioner-wife seeks transfer thereof to the Family Court, District Court, Basirhat, North 24 Parganas, West Bengal.
2. The marriage between the parties was solemnized on 16.12.2019 at village Gotra, District North 24 Parganas, West Bengal. The respondent-husband is serving in the Indian Air Force and at that time he was posted at Halwara, Ludhiana (Punjab). We are informed that he is currently serving at Air Force Station, Jalandhar (Punjab).
3. The petitioner’s case is that she was forced to leave the matrimonial home in Halwara, Ludhiana and had to return to her paternal home in Basirhat. She lodged FIR No.608 of 2022, dated 13.09.2022, under Sections 498A, 406, 308 and 34 IPC besides Signature Not Verified Section 4 of the Dowry Prohibition Act at Basirhat, where she is Digitally signed by satish kumar yadav Date: 2024.02.14 16:58:43 IST Reason: presently staying with her parents.
4. The respondent-husband, meanwhile, has filed a petition 2 seeking divorce before the Family Court, Ludhiana, Punjab. The petitioner seeks transfer thereof primarily on the ground that she does not have the financial means to travel to Punjab and contest the case. The distance between the two places is about 1900 kms., and she has apprehension to her life and liberty in case she visits Ludhiana.
5. As per the Office Report dated 06.02.2024, service is complete on the respondent-husband, but no one has entered an appearance on his behalf so far.
6. Having regard to the distance between the two places and the fact that the petitioner seems to have no independent source of livelihood, however, without expressing any views in support of the allegations made by her, the Transfer Petition is allowed, and CS/77/2023, titled as “Munkashif Hossain vs. Rubaiya Sultana”, filed by the respondent-husband, which is pending before the Additional Principal Judge, Family Court, Ludhiana, Punjab is ordered to be transferred to the Family Court, District Court, Basirhat, North 24 Parganas, West Bengal.
7. As a result, the pending interlocutory application stands disposed of.
.........................J. (SURYA KANT) ..............…….........J. (K.V. VISWANATHAN) NEW DELHI;
FEBRUARY 07, 2024.
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ITEM NO.4 COURT NO.4 SECTION IV-B
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).2274/2023 RUBAIYA SULTANA Petitioner(s) VERSUS MUNKASHIF HOSSIAN Respondent(s) (IA No.178654/2023-EX-PARTE STAY IA No.178654/2023 - EX-PARTE STAY) Date : 07-02-2024 This matter was called on for hearing today. CORAM :
HON'BLE MR. JUSTICE SURYA KANT HON'BLE MR. JUSTICE K.V. VISWANATHAN For Petitioner(s) Ms. Anindita Mitra, AOR Mr. Supratik Sarkar, Adv.
For Respondent(s) None UPON hearing the counsel the Court made the following O R D E R The Transfer Petition is allowed in terms of the signed order.
As a result, the pending interlocutory application stands disposed of.
(SATISH KUMAR YADAV) (PREETHI T.C.) DEPUTY REGISTRAR COURT MASTER (NSH) (Signed order is placed on the file)