MOHD. ARIF Vs. GULSHANA AKHTER

JUDGEMENT

(1.) The present petition has been filed by the petitioner seeking transfer of the petition filed by the respondents under section 488 Cr.P.C., titled, Gulshana Akhter and others vs. Mohammad Arif Chouhan pending before the Chief Judicial Magistrate, Shopian on the ground that the said petition has been filed as a counter blast to the suit for restitution of conjugal right filed by the petitioner against respondent No. 1 pending before the learned Munsiff, Rajouri. It is further pleaded that though respondent No. 1 is ordinarily resident of District Rajouri but in order to harass and humiliate the petitioner, she filed the petition under section 488 Cr.P.C. before the court of Chief Judicial Magistrate, Shopian. It is also submitted that the petitioner has already appeared before the Chief Judicial Magistrate, Shopian and has filed detailed objections.

(2.) The transfer is sought on the ground that the aforesaid petition is required to be filed where the respondent No. 1 is or where the petitioner resides or where both the parties last resided together and also that the present petition has been filed by the respondents just to harass the petitioner.

(3.) A perusal of the petition under section 488 Cr.P.C. reveals that the respondents have shown themselves to be residing at Karewa Shopian and as per mandate of section 488 Cr.P.C, the respondent No. 1 can file petition at Shopian.