Sheenum Shaheen And Others vs Majid Ali Butt

Tashi Rabstan, J

The instant petition has been filed by the petitioners seeking transfer of the case bearing File No. 48/Civil/Suit titled “Majid Ali Butt vs. Sheenum Shaheen & ors.” pending disposal before the court of learned Munsiff (JMIC) Bhaderwah to any other court of competent jurisdiction at Kishtwar.

It is contended in the petition that the petitioner No. 1 has filed two cases, one application under Section 488 Cr.P.C. and one petition under Section 12 of Protection of Women from Domestic Violence Act, 2010, which are subjudice before the Court of learned Chief Judicial Magistrate, Kishtwar and Additional Special Mobile Magistrate, Kishtwar and the petitioner is pursuing both the matters before the Courts at Kishtwar. It is averred that since the respondent herein is already facing two cases at Kishtwar, as such it would be convenient for him also to attend all the cases at Kishtwar. It is further averred that the petitioner No. 1 is an unemployed person staying with her parents at Kishtwar and not in a position to bear expenses of travel from Kishtwar to Bhaderwah.

Despite service none has appeared for the respondent, which shows that the respondent has no serious objection in case this petition is allowed.

In view of the above, this petition is allowed. The case bearing File No. 48/Civil/Suit titled “Majid Ali Butt vs. Sheenum Shaheen & ors.”, pending disposal before the court of learned Munsiff (JMIC) Bhaderwah is transferred to the court of learned Additional Special Mobile Magistrate, Kishtwar. The learned Munsiff (JMIC), Bhaderwah shall transmit the entire paper book of the case to the court of learned Additional Special Mobile Magistrate, Kishtwar, who upon the receipt of the same shall issue notice to the parties and proceed further in the matter in accordance with law.

Disposed of as above along with connected CM(s).