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2025 DAILYLAW 10639 (JK)

WAQAAD BASHIR AND ORS. v. MEHBOOBA AKHTER

TrP (Crl)/45/2022 · 2025-11-11

Sanjay Dhar

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Serial No. 23 Reg Cause List. HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT SRINAGAR TrP (Crl) 45/2022 CrlM(1359/2022). WAQAAD BASHIR AND ORS. …Petitioner (s) Through: Mr. Hakeem Tehjud Hussain, Advocate. VERSUS MEHBOOBA AKHTER. Through: None. …Respondent(s) CORAM: HON’BLE MR. JUSTICE SANJAY DHAR, JUDGE. ORDER 11-11-2025 01. Through the medium of the instant petition, the petitioners are seeking transfer of petition titled “ Mst. Mehbooba Akhter Vs. Waqaad Bashir and Ors” filed by the respondent under Section 12 of the Protection of Women from Domestic Violence Act, 2005 (hereinafter referred as “the D.V Act’) from the Court of learned Special Mobile Magistrate, Anantnag to any other court of competent jurisdiction at Srinagar. 02. In the present petition, it has been contended that the respondent/aggrieved person, being a Government Employee, has been residing at Government Flat No. 66B, Budshah Flats, Jehangir Chowk, Srinagar, since the year 2017. It has been submitted that because both the parties are residing in Srinagar, as such, it would be convenient for the parties to contest the aforesaid petition before the court located at Srinagar. 03. Notice of this petition was sent to the respondent but she has refused to acknowledge the receipt thereof. 04. Heard learned counsel for the petitioners and perused record of the case. 05. It appears that the respondent has filed petition under Section 12 of the D.V Act, against the petitioners which is pending before the court of learned Special Mobile Magistrate, Anantnag, while, petitioner Nos. 3 and 4 happen to be the residents of Delhi, and petitioner Nos. 2 and 5 happen to be the residents of Srinagar. 06. In the petition, it has been submitted that the respondent is presently residing at Flat No. 66B, Budshah Flats, Jehangir Chowk, Srinagar. Notice was sent to the respondent at her official address i.e. Civil Secretariate Srinagar. As per the report of the Process Server, the respondent was found at her address but she refused to acknowledge the receipt, meaning thereby that the respondent is stationed at Srinagar. In these circumstances, it would be convenient for both the parties to contest the petition filed by the respondent against the petitioners in a court located at Srinagar. 07. For the foregoing reasons, the instant petition is allowed and the case titled “Mst. Mehbooba Akhter Vs. Waqaad Bashir and Ors” filed under Section 12 of the Protection of Women from Domestic Violence Act, 2005, pending before the learned court of Special Mobile Magistrate, Anantnag, is withdrawn from the docket of the said Court and the same is transferred to the Court Special Mobile Magistrate (Sub-Judge) Srinagar. Learned court of Special Mobile Magistrate, Anantnag, shall transmit the original record of the case to the transferee court forthwith. The transferee court upon receipt of the record, shall summon the parties and proceed further in matter in accordance with the law after issuing notices to both the parties. 08. Disposed of. 09. Copies of this order be sent to both the courts below. (Sanjay Dhar) Judge SRINAGAR 11-11-2025 Showkat Khan