NISAR AHMAD BHAT Vs. SHABNUM

JUDGEMENT

(1.) The facts, as these emerge from a study of the application under consideration, are that the respondent, namely, Mst. Shabnum, filed an application under Section 488 of the Criminal Procedure Code as also an application under Section 12 of the Domestic Violence Act against the petitioner before the Court of learned Chief Judicial Magistrate, Anantnag. The petitioner has stated that in the said cases, he has been causing his appearance before the Court, however, on each and every date of hearing, the respondent extends abuses and threats to the petitioner. It is stated that the respondent and his associates/ relatives even attacked the petitioner in the Court premises on 21st of April, 2018, as a consequence of which, the petitioner filed a complaint against the respondent which came to be forwarded to the concerned police authorities for investigation and report. The petitioner has further contended that on the basis of this threat perception, he has filed the instant application seeking transfer of the above-mentioned cases from the Court of the learned Chief Judicial Magistrate, Anantnag, to any other Court in District Pulwama/ Srinagar.

(2.) Heard and considered.

(3.) The grounds agitated by the petitioner seeking the transfer of the cases aforesaid are illusory and imaginary. These cannot form the baseline of an order directing the transfer of the case from one Court to the other. In a matrimonial dispute, it is the convenience of the wife that is of paramount consideration and there are a catena of judicial pronouncements in support of this view.