LAWS(J&K)-2022-4-103

LATIEF AHMAD RATHER Vs. SHAFEEQA BHAT

Decided On April 08, 2022
Latief Ahmad Rather Appellant
V/S
Shafeeqa Bhat Respondents

JUDGEMENT

(1.) The petitioners have challenged order dtd. 9/3/2022, passed by learned Chief Judicial Magistrate, Srinagar, whereby transfer application filed by the petitioners for transfer of case under Sec. 12 of the Protection of Women from Domestic Violence Act, titled Lateef Ahmad Rather and Ors vs. Shafeeka Bhat, from the Court of Judicial Magistrate 1st Class (2nd Additional Munsiff), Srinagar to any other Court of competent jurisdiction in District Srinagar, has been declined.

(2.) It is averred in the petition that the petition under Sec. 12 of the Protection of Women from Domestic Violence Act, filed by the respondent against the petitioners herein, is absolutely false and frivolous and when the petitioners approached the trial Magistrate for modification of the order passed by it, the said application was not decided despite a number of requests having been made by the petitioners to the learned trial Magistrate. It is further averred that the remarks of the trial Magistrate against the petitioners have not been in good taste being abusive in nature, which compelled them to approach the Chief Judicial Magistrate Srinagar with an application for transfer of the case from the Court of trial Magistrate to any other court of competent jurisdiction. It is contended that learned Chief Judicial Magistrate Srinagar, vide the impugned order, rejected the prayer of the petitioners without understanding the gravity of the matter.

(3.) I have learned counsel for the petitioners and perused the impugned order and the documents annexed to the petition.