IN THE SUPREME COURT OF INDIA

CIVIL ORIGINAL JURISDICTION

TRANSFER PETITION (C.) NO.723 OF 2007

FATIMA NOOR. Petitioner(s)

                       VERSUS

FAIYAZ AHMED          Respondent(s)

O R D E R

Heard both sides.

We had explored the possibility of a reconciliation between the parties

but it was not successful and the petitioner-wife seeks transfer of the case filed by

the respondent-husband, which is pending before the Civil Judge, 1st Class (Junior

Division),  Bulandsheher  (U.P.)  to the District  Court,  Delhi.   We are told that the

petitioner-wife is now staying in Delhi and she contends that it will not be possible

for her to contest the case at Bulandsheher, in view of her financial condition.  In

the circumstances, we direct the case titled Petition No.309/2003- Faiyaz Ahmed

Vs.  Fatima  Noor,  pending  before  the  Civil  Judge,  1st Class  (Junior  Division),

Bulandsheher be transferred to the District Court at Delhi.  The District Judge, Delhi

will try the case himself or entrust the same to any other Court having jurisdiction.  

The transfer petition is allowed accordingly.

All the records be transmitted to the transferred Court.

..................CJI. (K.G. BALAKRISHNAN)

....................J.    (P. SATHASIVAM)

....................J.    (J.M. PANCHAL)

NEW DELHI; 22ND SEPTEMBER, 2008.