MEHBOOB UL HUSSAIN Vs. JHASRA PARVAIZ

JUDGEMENT

(1.) Petitioner, through the medium of this petition seeks transfer of two cases, (i) Jhasra Parvaiz Vs. Mehboob ul Hussain Qadri and Anr., and (ii) Mehboob ul Hussain Qadri and Anr. Vs. Jhasra Parvaiz from the court of learned Principal District and Sessions Judge Srinagar to any other court of competent jurisdiction at Srinagar.

(2.) It has been asserted that a complaint was filed by respondent No.1 in terms of Sec. 12 of the Protection of Women from Domestic Violence Act 2005 (for short 'D.V.Act') before the court of learned Judicial Magistrate (2nd Additional Munsiff) Srinagar, who vide order dtd. 25/7/2022, directed the petitioner herein to pay maintenance of Rs.15,000.00 per month to respondent No.1 herein.

(3.) It has been further pleaded that being aggrieved of this order petitioner herein filed an appeal under Sec. 29 of D.V.Act before the court of learned Principal District and Sessions Judge Srinagar, which was transferred to the court of learned 2nd Additional District Judge Srinagar for adjudication; that respondent No.1 also aggrieved of the same order dtd. 25/7/2022 passed by learned Magistrate filed an appeal under Sec. 29 of D.V.Act, against the petitioner and Mrs. Tahira Begum, who was arrayed as proforma respondent, before the court of learned Principal Sessions Judge Srinagar, which was retained by him in his own court; that the learned Principal Sessions Judge Srinagar also recalled the appeal assigned to the court of learned 2nd Additional Sessions Judge, though learned Sessions Judge, after issuance of notice by the other Sessions court, had no jurisdiction and authority to recall the case to his court.