Samiunnisha Shamsul Haque vs Bismillah Bakhsullah Khan on 9 May, 2025

Supreme Court – Daily Orders

Samiunnisha Shamsul Haque vs Bismillah Bakhsullah Khan on 9 May, 2025

Author: Pankaj Mithal

Bench: Pankaj Mithal

                                                                            TP (CIVIL) NO. 3493 OF 2024


                                     IN THE SUPREME COURT OF INDIA
                                      CIVIL ORIGINAL JURISDICTION

                              TRANSFER PETITION (CIVIL) NO. 3493 OF 2024


                         SAMIUNNISHA SHAMSUL HAQUE                          PETITIONER

                                                   VERSUS

                         BISMILLAH BAKHSULLAH KHAN                          RESPONDENT



                                                  O R D E R

1. The petitioner-wife is seeking transfer of a

petition for restitution of conjugal rights filed by

the respondent-husband bearing No.A/858/2024 titled as

“Bismillah Bakhsullah Khan Vs. Samiunnisha Shamsul

Haque” pending before the Court of Principal Judge,

District Judge (Family Court), Bandra, Mumbai-

Suburban, Maharashtra to the competent court at

Delhi(District North-West).

2. Heard learned counsel for the petitioner.

3. Despite service of notice being complete upon the

respondent-husband, no one has entered appearance so

far.

4. Considering the fact that two other cases filed
Signature Not Verified

Digitally signed by
by the petitioner: (i) D.V. Act Case No.21479 of 2023;
geeta ahuja
Date: 2025.05.14
11:22:00 IST

and (ii) FIR u/s 498A, 406, 34 of IPC, are pending at
Reason:

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TP (CIVIL) NO. 3493 OF 2024

Delhi, it would be expedient for the ends of justice

to transfer the subject-case as asked for by the

petitioner-wife.

5. Accordingly, the subject case is transferred to

Delhi (District North-West).

6. Records of the case shall be sent by the Court

where proceedings are pending to the transferee Court

promptly and without any delay.

7. A copy of this order be sent to the concerned

court for compliance.

8. The Transfer Petition stands allowed accordingly.

9. If video conferencing facility is available with

the transferee Court, the benefit of the same shall be

made available to the parties. They need not appear

physically on every date unless their physical

presence is absolutely necessary.

10. Pending application(s), if any, shall stand

disposed of.

…………………..J.
(PANKAJ MITHAL)

…………………..J.
(S.V.N. BHATTI)
NEW DELHI
09th MAY, 2025
GA

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TP (CIVIL) NO. 3493 OF 2024

ITEM NO.2 COURT NO.15 SECTION IX

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). 3493/2024

SAMIUNNISHA SHAMSUL HAQUE PETITIONER(S)

VERSUS

BISMILLAH BAKHSULLAH KHAN RESPONDENT(S)

(IA No. 300146/2024 – STAY APPLICATION)

Date : 09-05-2025 This matter was called on for hearing today.

CORAM :

HON’BLE MR. JUSTICE PANKAJ MITHAL
HON’BLE MR. JUSTICE S.V.N. BHATTI

For Petitioner(s) Ms. Kiran Bhardwaj, AOR
Ms. Anu Mohla, Adv.

For Respondent(s)

UPON hearing the counsel the court made the following
O R D E R

The Transfer Petition stands allowed in terms of the

signed order. Pending application(s), if any, shall stand

disposed of.

(Nidhi Mathur) (Geeta Ahuja)
Court Master (NSH) Assistant Registrar-cum-PS
(Signed Order is placed on the file)

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