MOHAMMAD ASIF MALIK Vs. DILSHADA AKHTER

JUDGEMENT

(1.) This is a petition filed by the petitioner-husband seeking transfer of application under Sec. 125 Cr.P.C filed by the respondent-wife against him before the Court of Chief Judicial Magistrate, Shopian.

(2.) The primary ground, on which the petitioner has sought transfer of proceedings before the court below, is, that the petitioner is working as a soldier in Indian Army and keeping in view the security situation in District Shopian, it may be highly risky for him to appear before the court below and defend his case.

(3.) Respondents have filed their reply to the petition. In their reply respondent No.1, the wife and the respondent No.2, the daughter of the petitioner have admitted that the petitioner is serving in Indian Army. It has been contended that the petitioner, during his vacations, moves freely in his native area and there is no threat to his life in the said area. It is also averred that the petitioner is intentionally avoiding to appear before the court below so as to defeat the claim of the respondents.