Supreme Court - Daily Orders
Sana vs Faisal Shahid on 10 September, 2015
Bench: Dipak Misra, Prafulla C. Pant
IN THE SUPREME COURT OF INDIA
CIVIL ORIGINAL JURISDICTION
TRANSFER PETITION (CIVIL) NO. 986 OF 2015
Sana … Petitioner
VERSUS
Faisal Shahid … Respondent
WITH
TRANSFER PETITION (CIVIL) NO. 1207 OF 2015
O R D E R
Transfer Petition (C) No.1207 of 2015 is taken on Board. These are the petitions for transfer of Guardian Petition No. 51 of 2011 titled as Faisal Shahid vs. Sana pending before the Additional Principal Judge, Family Court (West), Tis Hazari, Delhi and Guardian Petition No.72 of 2014 titled as Sana vs. Faisal Shahid pending before the Principal Judge, Family Court, Central District, Tis Hazari Delhi to the Principal Family Court, Udupi, Karnataka.
In course of hearing on the earlier occasion, a submission was made by learned counsel for the respondent-husband that both the children, i.e., Alina and Sabira Faisal @ Avni are studying in Signature Not Verified Queens Mary School, Tis Hazari, New Delhi and, therefore, it would Digitally signed by Gulshan Kumar Arora Date: 2015.09.23 15:42:08 IST not be appropriate to transfer the case. Reason:
Regard being had to the aforesaid submission, this Court on 31.08.2015, had passed the following order :2
“Let the matter be listed on 10th September, 2015. The Registry is directed to send a notice to the Principal, Queens Mary School, Tis Hazari, New Delhi, to appear before this Court on 10th September, 2015, with the admission register, which would reflect the admission of Alina and Sabira Faisal @ Avni.
Be it noted, it is alleged that Alina is studying in Class I and Sabira Faisal @ Avni in Class I.G.-F.” In pursuance of our order, Ms. Situ Solomen, the Principal of Queens Mary School, Tis Hazari, New Delhi has appeared with the register. It is stated by her that Alina is attending the school after the reopening in July 2015 but Sabira Faisal @ Avni is not attending but the school has not yet been able to strike off the name as there is no intimation about the child and that apart the Rules do not so permit.
Be that as it may. One daughter is living with the father and the other, the younger one, is staying with the mother, as asserted, at Udupi. It is submitted by Ms. Mohana, learned senior counsel appearing for the petitioner-wife, that Sabira @ Avni is attending school at Udupi. The fact remains that both the children are residing at different places; one with the father and the other with the mother. The guardianship cases which are sought to be transferred to Udupi have been initiated by the father seeking guardianship of Sabira @ Avni and the other is filed by the wife seeking guardianship of Alina, the elder daughter.3
The prayer in both the transfer petitions is to transfer the guardianship cases to Udupi. In our considered opinion, both the cases should be heard by the learned Aditional Principal Judge, Family Court (West), Tis Hazari, Delhi and be disposed of within three months from today. The Principal Judge, Family Court (Central), Tis Hazari, Delhi is directed to transfer the case, being Guardian Petition No.72 of 2014 titled as Sana vs. Faisal Shahid to the file of the Guardian Petition No. 51 of 2011 titled as Faisal Shahid vs. Sana pending before the Additional Principal Judge, Family Court (West), Tis Hazari, Delhi. As the wife has asserted that she is staying at Udupi, supported by her parents, the husband shall send a sum of Rs.2,00,000/- (Rupees two lacs only) by way of a demand draft drawn on a nationalized bank within three weeks from today. The time granted to the learned Additional Principal Judge, Family Court (West), Tis Hazari, Delhi shall commence two weeks after the date of receipt of the amount by the wife. The learned Additional Principal Judge, Family Court is directed to fix a schedule of dates for hearing and shall not grant unnecessary adjournments to either of the parties.
The transfer petitions are dispose of accordingly.
.....................,J.
(Dipak Misra) .....................,J.
(Prafulla C. Pant) New Delhi;
September 10, 2010.
ITEM NO.4 COURT NO.5 SECTION XVIA
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). 986/2015
SANA Petitioner(s)
VERSUS
FAISAL SHAHID Respondent(s)
(With appln.(s) for ad-interim ex-parte stay and production of additional documents and office report) WITH TP (C) No.1207 of 2015 Date : 10/09/2015 This petition was called on for hearing today. CORAM : HON'BLE MR. JUSTICE DIPAK MISRA HON'BLE MR. JUSTICE PRAFULLA C. PANT For Petitioner(s) Ms. V. Mohana, Sr. Adv.
Mr. Shinaj K. Narayanan, Adv.
Mr. K. Rajeev, AOR For Respondent(s) Mr. Mohan Kumar, AOR UPON hearing the counsel the Court made the following O R D E R Transfer Petition (Civil) No.1207 of 2015 is taken on Board. The transfer petitions are disposed of in terms of the signed order.
(Gulshan Kumar Arora) (H.S. Parasher)
Court Master Court Master
(Signed order is placed on the file)