Supreme Court - Daily Orders
Sana Zafar vs Mohammad Shoaib Hussain on 15 July, 2025
Author: Dipankar Datta
Bench: Dipankar Datta
IN THE SUPREME COURT OF INDIA
CIVIL/CRIMINAL ORIGINAL JURISDICTION
TRANSFER PETITION (C) No. 2471 OF 2024
SANA ZAFAR PETITIONER
VERSUS
MOHAMMAD SHOAIB HUSSAIN RESPONDENT
ORDER
1. Read the office report dated 7th May, 2025.
2. Mediation report dated 15th May, 2025 has been received from the Supreme Court Mediation Centre. As per the mediation report, mediation between the parties has failed to bring about any settlement.
3. The marriage between the petitioner and the respondent was solemnized on 29th January, 2018 according to Muslim customs. However, the parties have since drifted apart owing to differences arising by and between them.
4. The respondent has instituted proceedings under Chapter-12, Rule-125 of the Muslim Law Act, bearing Family Case No.270 of 2024 titled “Mohammad Shoaib Hussain vs. Smt. Sana Zafar”. It is pending before the court of the Family Judge, Kashipur, District Udham Singh Nagar, Uttarakhand.
5. Signature Not Verified On the multiple grounds urged in the petition, the petitioner has sought Digitally signed by for transfer of the aforesaid proceedings to the court of the Family Court, JATINDER KAUR Date: 2025.07.16 16:41:38 IST Reason:
Kohefiza, Bhopal, Madhya Pradesh.
6. We have heard the parties and perused the materials on record. Having 2 regard to the inconvenience the petitioner is likely to face if the proceedings were continued in the court at Kashipur, District Udham Singh Nagar, Uttarakhand (at a distance of around 931 kms. from her present place of residence in Bhopal, Madhya Pradesh), we are satisfied that interest of justice demands grant of the prayer for transfer.
7. Hence, the transfer petition is allowed. Family Case No.270 of 2024 titled “Mohammad Shoaib Hussain vs. Smt. Sana Zafar” pending in the court of the Family Judge, Kashipur, District Udham Singh Nagar is transferred to the Family Court, Kohefiza, Bhopal, Madhya Pradesh. Records of Family Case No.270 of 2024 be transferred to the transferee court immediately.
8. To avoid delay, the parties are directed to appear before the transferee court on 25th August, 2025. If any or both the parties fail to appear on that day, the presiding officer of the transferee court will fix another date of appearance. Thereafter, he shall be free to proceed in accordance with law. The trial court is directed to expedite the trial as early as possible.
9. The presiding officer shall endeavour to bring about a settlement between the parties through the process of mediation, notwithstanding that mediation has failed. If the process is again unsuccessful, nothing shall preclude the presiding officer to take the proceedings to its logical conclusion on its merits and in accordance with law.
10. If the respondent is unable to attend the proceedings in person on any occasion, he will be at liberty to seek permission to attend through the virtual mode and if such a permission is sought, the presiding officer of the court may proceed to consider it reasonably.
11. Pending application(s), if any, shall also stand disposed of. 3
TRANSFER PETITION (Crl.) No. 995 OF 2024 MOHAMMAD SHOAIB HUSSAIN PETITIONER VERSUS AMAIRA SHOAIB AND ANR. RESPONDENTS ORDER
1. Having heard learned counsel for the parties and on perusal of the transfer petition together with the other pleadings, we are not satisfied that any case has been set up for transfer of M.J.C.R. No. 1136 of 2024 titled “Amaira Shoaib and another vs. Mohmmad Shoaib Hussain” from the court of First Additional Principal Judge, Family Court, Bhopal, Madhya Pradesh to the Family Court, Kashipur District – Udham Singh Nagar, Uttarakhand.
2. The transfer petition, thus, stands dismissed.
3. Pending application(s), if any, shall stand disposed of.
……………………..…………….....J. [DIPANKAR DATTA] ………...……………………………..J. [AUGUSTINE GEORGE MASIH] New Delhi;
July 15, 2025.
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ITEM NO.3 COURT NO.11 SECTION X
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). 2471/2024
SANA ZAFAR Petitioner(s)
VERSUS
MOHAMMAD SHOAIB HUSSAIN Respondent(s)
IA No. 208690/2024 - EX-PARTE STAY
IA No. 208691/2024 - EXEMPTION FROM FILING O.T. WITH T.P.(Crl.) No. 995/2024 (II-E) IA No. 268276/2024 - EXEMPTION FROM FILING O.T. IA No. 268275/2024 - STAY APPLICATION Date : 15-07-2025 These matters were called on for hearing today. CORAM : HON'BLE MR. JUSTICE DIPANKAR DATTA HON'BLE MR. JUSTICE AUGUSTINE GEORGE MASIH For Petitioner(s) :Mr. Yunus Malik, Adv.
Mr. Aman Malik, AOR Mr. Subhasish Bhowmick, AOR Ms. Manisha Pandey, Adv.
Mr. Rahul Kushwaha, Adv.
Mr. Ashutosh Singh, Adv.
Mr. Aniruddha Singha Roy, Adv.
Mr. Rakesh Kumar Tiwari, Adv.
For Respondent(s) :Mr. Subhasish Bhowmick, AOR Ms. Manisha Pandey, Adv.
Mr. Rahul Kushwaha, Adv.
Mr. Ashutosh Singh, Adv.
Mr. Rakesh Kumar Tiwari, Adv.
Mr. Aniruddha Singha Roy, Adv.
Mr. Yunus Malik, Adv.
Mr. Aman Malik, AOR UPON hearing the counsel the Court made the following O R D E R
1. Transfer Petition(C) No. 2471 of 2024 stands allowed and Transfer Petition(Crl.) No.995 of 2024 stand dismissed in terms of the signed order 5 placed on the file.
2. Pending application(s), if any, stand disposed of.
(JATINDER KAUR) (SUDHIR KUMAR SHARMA) P.S. to REGISTRAR COURT MASTER (NSH)