BABY SUMMUNA Vs. FEROZ AHMAD ITOO

JUDGEMENT

(1.) The applicant herein has filed the instant Application, seeking the transfer/withdrawal of the Civil suit titled as "Dr. Feroz Ahmad Itoo v. Baby Summuna" from the Court of Sub Judge, Anantnag, to the Court of competent Jurisdiction at Srinagar, on the grounds inter-alia, that she filed an application under Section 488 Cr. PC, for the grant of maintenance in her and in favour of her child before the Court of learned Judicial Magistrate, Sub Registrar, Srinagar, which is subjudice and the respondent has filed a suit for the restitution of conjugal rights, before the Court of the learned Sub Judge, Anantnag. It is submitted that the petitioner has already filed the petition for the grant of maintenance in her favour and in favour of the child before the Court of learned Judicial Magistrate, Sub Registrar, where the respondent has already appeared and filed the objections and it will be in the interest of justice, if both the cases are tried together by the same Court at Srinagar. It will facilitate the parties and the Court to adjudicate the controversy in both the cases effectively and judiciously. It is further submitted by the petitioner that it is very difficult for her to travel a distance of more than 120 Kms to and fro on every day to attend and defend the case at Anantnag. She is a female and it may not be safe for her to attend the Court at Anantnag, as the respondent has purposefully filed the said case at Anantnag, the aim and object being to cause inconvenience to her and to the suckling babe.

(2.) It is further submitted that from the perusal of the plaint, a copy of which is attached to the application as Annexure "A", the cause of action has not accrued within the jurisdiction of the said Court nor does the defendant reside within the territorial limits of the jurisdiction of the said Court. Therefore, the said Court has no jurisdiction to try the said suit. The trial Court has not applied its mind to the facts and circumstances of the case while entertaining the suit and issuing notices to the petitioner/defendant. The said suit has been filed at Anantnag, with a malafide intention to deny the petitioner the right to defend the suit at Anantnag. Being a non-local, the perception of threat looms large on her head at the hands of the respondent and his relations.

(3.) Heard and considered