LAWS(J&K)-2022-3-14

SHEENUM SHAHEEN Vs. MAJID ALI BUTT

Decided On March 03, 2022
Sheenum Shaheen Appellant
V/S
Majid Ali Butt Respondents

JUDGEMENT

(1.) The instant petition has been filed by the petitioners seeking transfer of the case bearing File No. 48/Civil/Suit titled "Majid Ali Butt vs. Sheenum Shaheen and ors." pending disposal before the court of learned Munsiff (JMIC) Bhaderwah to any other court of competent jurisdiction at Kishtwar.

(2.) It is contended in the petition that the petitioner No. 1 has filed two cases, one application under Sec. 488 Cr.P.C. and one petition under Sec. 12 of Protection of Women from Domestic Violence Act, 2010, which are subjudice before the Court of learned Chief Judicial Magistrate, Kishtwar and Additional Special Mobile Magistrate, Kishtwar and the petitioner is pursuing both the matters before the Courts at Kishtwar. It is averred that since the respondent herein is already facing two cases at Kishtwar, as such it would be convenient for him also to attend all the cases at Kishtwar. It is further averred that the petitioner No. 1 is an unemployed person staying with her parents at Kishtwar and not in a position to bear expenses of travel from Kishtwar to Bhaderwah.

(3.) Despite service none has appeared for the respondent, which shows that the respondent has no serious objection in case this petition is allowed.