Supreme Court Transfers Matrimonial Case: Kahkansha Anjum Khan vs. Mohammad Wamique Ansari (2022)

Date of the Judgment: September 5, 2022
Citation: (2022) INSC 824
Judges: Uday Umesh Lalit, CJI and S. Ravindra Bhat, J.

Can a matrimonial dispute be transferred to a court more convenient for the wife? The Supreme Court of India recently addressed this question, focusing on the convenience of the wife in a case under Muslim Law. This case involves a transfer petition where the wife sought to move the proceedings from Uttar Pradesh to Madhya Pradesh.

Case Background

The petitioner, Kahkansha Anjum Khan (wife), filed a transfer petition seeking to move a case filed by the respondent, Mohammad Wamique Ansari (husband). The husband had initiated proceedings under Section 281 of Muslim Law in the Family Court at Azamgarh, Uttar Pradesh. The wife requested the Supreme Court to transfer this case to the Family Court in Jabalpur, Madhya Pradesh, where she was residing.

The wife’s main concern was the inconvenience of traveling to Azamgarh for each hearing. She argued that it would be more convenient for her to attend the proceedings in Jabalpur.

Timeline

Course of Proceedings

The case was initially filed by the husband in the Family Court at Azamgarh, Uttar Pradesh. The wife, finding it difficult to attend hearings there, filed a transfer petition in the Supreme Court seeking to move the case to Jabalpur, Madhya Pradesh. The Supreme Court issued a notice and stayed the proceedings at Azamgarh.

Legal Framework

The case involves a transfer petition related to a matter under Muslim Law. The husband had filed a case under Section 281 of Muslim Law. However, the judgment does not explain what Section 281 of the Muslim Law entails. The Supreme Court’s decision was based on the convenience of the parties, particularly the wife, rather than a deep dive into the specifics of Section 281 of Muslim Law.

Arguments

The petitioner (wife), Kahkansha Anjum Khan, sought the transfer of the case from the Family Court at Azamgarh, Uttar Pradesh, to the Family Court at Jabalpur, Madhya Pradesh. Her primary argument was the inconvenience of traveling to Azamgarh for each hearing, as she was residing in Jabalpur.

The respondent (husband), Mohammad Wamique Ansari, did not appear before the Supreme Court, and hence, no arguments were presented on his behalf.

Issues Framed by the Supreme Court

The primary issue before the Supreme Court was whether the case pending in the Family Court at Azamgarh should be transferred to the Family Court at Jabalpur, considering the petitioner-wife’s convenience.

Treatment of the Issue by the Court

Authorities

The Supreme Court did not cite any specific cases or legal provisions in its order. The decision was based on the facts and circumstances of the case, emphasizing the convenience of the wife.

Judgment

The Supreme Court considered the wife’s submission regarding the inconvenience of travelling to Azamgarh and her residence in Jabalpur. The court, in its order, stated:

“Considering the facts and circumstances on the record, we deem it appropriate to allow this transfer petition.”

The Court did not delve into the specifics of the case under Muslim Law but focused on the practical aspect of ensuring the wife’s convenience in attending the proceedings.

What weighed in the mind of the Court?

The Supreme Court’s decision was primarily influenced by the need to ensure the convenience of the wife in matrimonial disputes. The Court prioritized the practical challenges faced by the wife in attending hearings far from her residence.

Key Takeaways

• ✓ The Supreme Court prioritizes the convenience of the wife in matrimonial disputes, especially when she faces difficulties in attending hearings far from her residence.
• ✓ The absence of the respondent in court proceedings does not hinder the court from making decisions based on the available facts.
• ✓ This case highlights the court’s willingness to transfer cases to ensure that justice is accessible and convenient for all parties involved.

Directions

The Supreme Court directed the Family Court at Azamgarh to immediately transfer the entire record of the case to the Family Court at Jabalpur. The Registry was also directed to send a copy of the order to both courts for compliance.

Specific Amendments Analysis

There were no specific amendments discussed in this judgment.

Development of Law

The ratio decidendi of this case is that in matrimonial disputes, the convenience of the wife is a significant factor when deciding on transfer petitions. The Supreme Court did not lay down a new legal principle but reinforced the existing practice of considering the convenience of parties, particularly women, in such matters.

Conclusion

In this case, the Supreme Court transferred a matrimonial dispute from the Family Court at Azamgarh to the Family Court at Jabalpur, prioritizing the convenience of the wife. The court’s decision underscores its commitment to ensuring that justice is accessible and convenient for all parties, especially women in matrimonial disputes.