GH MOHAMMAD Vs. RUBEENA LONE AND ANR

JUDGEMENT

(1.) This petition has been preferred by Ghulam Mohammad, husband of respondent no.1-Rubeena Lone and father of respondent no.2- Baby Rahilia for transfer of petition under Section 488 Cr.P.C pending before learned Munsiff Judicial (Mobile) Magistrate Rajouri to a Court of competent jurisdiction at Jammu.

(2.) According to the averments made in the petition, the petitioner divorced his wife- respondent no.1 on 15.11.2008 on the allegation that she was not sharing the matrimonial home with him since April 2008 and had deserted the company of her husband without any reasonable justification. Thereafter respondent no.1 filed a petition under Section 488 Cr.P.C before Munsiff Judicial (Mobile) Magistrate Rajouri. There are allegations of threats being extended by the deserted wife to the petitioner, which prevented him from appearing before the Court at Rajouri. The petitioner has expressed his apprehension that he may be eliminated as and when he would appear in the trial Court at Rajouri. It is also stated that respondent no.1 has also approached the Grievance Women Cell Gujjar Mandi Rajouri with a complaint which is stated to be false and frivolous

(3.) I have heard the learned counsel for the petitioner and have perused the paper book.