SHAIRA BANO Vs. RIZWAN AHMAD

JUDGEMENT

(1.) Heard the learned counsels for the parties.

(2.) The Transfer Petition has become infructuous in view of the fact that the petition for restitution in respect of which transfer has been sought does not survive in view of the subsequent development that has taken place in the case, namely, grant of 'triple talak' by the respondent - husband.

(3.) The petitioner - wife has filed an application seeking directions for visitation rights, etc. which has been pressed before us. We are not inclined to go into the grounds urged and/or consider the entitlement of the petitioner - wife. Instead, we are of the view that the petitioner should move the concerned Family Court at Kashipur, Uttarakhand seeking such reliefs, if so advised. In the event the petitioner moves the concerned Family Court at Kashipur, Uttarakhand or any other place for visitation rights, etc. we would request the Presiding Officer of the Family Court to pass appropriate orders in accordance with law as expeditiously as possible. We direct the respondent - husband who is represented in Court today to cooperate in early disposal of the said proceedings as and when filed. We also request the learned jurisdictional District Judge to provide legal aid and assistance to the petitioner in pursuing her remedies under the law.