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The instant petition was filed under Section 25 of the Code of Civil Procedure, 1908 for transfer of Divorce Petition being Petition, titled as Ishtyaq Bhat vs. Jasmeet Kaur, pending in the Court of the 4th 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 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 vice versa and such a power can be exercised under Article 32 and/or Article 136 and 142 of the Constitution of India.
Thus, in the interest of justice and in the facts and circumstances of the case, the court treated this transfer petition as one filed under Article 32 of the Constitution of India. However, the court made it is made clear that this shall not be treated as precedent.
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