Research › Browse › Judgment

Supreme Court of India · body

2019 DIGILAW 1646 (SC)

Jasmeet Kaur v. Ishtyaq Bhat

2019-07-22

AJAY RASTOGI, N.V.RAMANA

body2019
ORDER 1. Heard learned counsel for the parties and perused the record. 2. We may record at the outset that this petition was filed under Section 25 of the Code of Civil Procedure, 1908 for transfer of Divorce Petition being Petition No.122 of 2018, titled as Ishtyaq Bhat vs. Jasmeet Kaur, pending in the Court of the 4 th Addl. District Judge, Srinagar, to the Court of competent jurisdiction at Amritsar, Punjab. The issue with regard to the maintainability of transfer petitions from the State of Jammu and Kashmir and vice versa was settled by a Constitution Bench of this Court in Anita Kushwaha vs. Pushap Sudan, (2016) 8 SCC 509 wherein it was held that this Court is not powerless to transfer the petition from the State of Jammu & Kashmir to any other State and versa and such a power can be exercised under Article 32 and/or Article 136 and 142 of the Constitution of India. 3. Thus, in the interest of justice and in the facts and circumstances of the case, we treat this transfer petition as one filed under Article 32 of the Constitution of India. However, it is made clear that this shall not be treated as precedent. 4. Having heard learned counsel for the parties, and in view of the hardships which will be faced by the petitioner in contesting the case at Srinagar, we deem it proper to allow this petition and transfer Divorce Petition being Petition No.122 of 2018, titled as Ishtvaq Bhat vs. Jasmeet Kaur, pending in the Court of the 4 th Addl. District Judge, Srinagar, to the Court of District Judge, Amritsar, Punjab, who may try the case himself/herself or make over the same to any other Court of competent jurisdiction. Ordered accordingly.