MOHD. SHAFI Vs. IRAM JAAN

JUDGEMENT

(1.) The instant application has been moved under Section 526 of Code of Criminal Procedure, 1989 with a prayer to transfer the application filed by the respondent under Section 489 of Code of Criminal Procedure, 1989 under titled, " Iram Jaan v. Mohd. Shafi" from the Court of learned Chief Judicial Magistrate, Kishtwar to any other Court of equal jurisdiction either at Banihal, Ramban or Jammu.

(2.) The grounds taken in the application are that one-Parveen Akhter got married to petitioner and out of wedlock, the respondent namely, Iram Jaan was born. It was because of some matrimonial dispute between the petitioner and Parveen Akhter (mother of the respondent), the marriage was dissolved after prolonged litigation and "Talaqnama" was presented by the petitioner and accepted by the mother of the respondent. Before that, a Suit was filed by the petitioner for restitution of conjugal rights in the Court of learned Munsiff, Banihal and the respondent had also filed a Suit of recovery on account of Dower in the Court of learned Additional District Judge, Kishtwar though there was a constant threat given by the mother and step-father of the respondent to the petitioner for his appearance in the Court of learned Additional District Judge, Kishtwar and the petitioner had sought the transfer of the said Suit from the Court of learned Additional District Judge, Kishtwar by filing a Civil Transfer Application in the Hon'ble High Court of Jammu and Kashmir, which was registered as CTA Nos. 28/2005 and 29/2005, which were finally decided against the petitioner and thereafter, the said marriage was dissolved between the petitioner and the mother of the respondent and the dower was paid by the petitioner.

(3.) Now both the petitioner and the mother of the respondent have re-married and the petitioner also requested the respondent to live with him, which was not allowed by the mother and the step-father of the respondent and now, the respondent by concealing and miss-stating the facts has presented an application under Section 489 in the Court of learned Chief Judicial Magistrate, Kishtwar, in which the petitioner was summoned by the learned Chief Judicial Magistrate, Kishtwar. The mother of the respondent is also a working lady and is working in PHE Department and in addition to that, she has no liability except the respondent, to whom she can properly maintained.