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2025 DAILYLAW 11983 (JK)

REEMA KOUSAR v. HARIS ZARGAR

TrP (C)/41/2024 · 2025-12-12

Rahul Bharti

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

TrP (C) No.41/2024 IN THE HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT JAMMU TrP (C) No.41/2024 Date of pronouncement : 12.12.2025 Uploaded on : 17.12.2025 Reema Kousar ….Petitioners Through:- Ms. Rozina Afzal, Advocate V/s Haris Zargar …..Respondents Through:- Ms. Supriya Gandotra, Advocate \ CORAM: HON’BLE MR. JUSTICE RAHUL BHARTI, JUDGE JUDGMENT (ORAL) - 1. The petitioner is wife of the respondent. 2. The petitioner is the originator of three ongoing legal proceedings which are as under:- (i) “Reema Kouser and Anr. Vs Haris Zargar” bearing registration No.04/2024 and CNR No.JKBD030000352024 under section 125 CrPC, pending before the Learned Court of Judicial Magistrate, 1st class (Munsiff), Bhaderwah. (ii) Reema Kouser Vs Haris Zargar and Ors, bearing registration No.01/2024 and CNR No.JKBD02000142024 for restitution of conjugal rights pending Serial No. 106 Regular List TrP (C) No.41/2024 before the court of Learned Munsiff, Bhaderwah. (iii) Reema Kouser Vs Haris Zargar and Ors, bearing registration No.16/2023 CNR JKBD030008362023 under Domestic Violence Act, 2005 pending before the Learned Sub-Judge, Bhaderwah”, whereafter her husband-the respondent has initiated guardianship proceedings related to their child before the court of the Additional Family Court, Jammu. 3. The petitioner, through medium of transfer petition, has prayed for transfer of her said three cases from courts in Bhaderwah to the Jammu Court by stating the fact that since the child related litigation is in Jammu Court, as such, it would be serving the cause of the petitioner as well as that of the respondent if in petitioner’s said three (3) cases, the competent court in Jammu is assigned for adjudication purposes. 4. The plea of the petitioner is genuine and since same is meant to serve the convenience of adjudication, as such, this Court is not averse to ordering the transfer of above-mentioned three cases. 5. Accordingly, Judicial Magistrate (1st Class), Bhaderwah is directed to transfer the pending case TrP (C) No.41/2024 under section 125 CrPC to the Principle Judge, Family Court, Jammu; the court of Munsiff, Bhaderwah is directed to transfer the conjugal right petition to the Principle Judge, Family Court, Jammu; and Sub-Judge (CJM), Bhaderwah; is directed to transfer the pending petition under Protection of Women from Domestic Violence Act, 2005 to the Chief Judicial Magistrate, Jammu. 6. All the three cases to be transferred within a period of one (1) month from the date of this order. 7. Copy of this order be provided by the Registrar Judicial, Jammu to the respective courts. 8. Both parties are directed to appear in all the aforesaid three cases to the respective transferee courts on 31.01.2026. 9. Disposed of. (RAHUL BHARTI) JUDGE JAMMU 12.12.2025 Sneha Whether the judgment is speaking: Yes/No Whether the judgment is reportable: Yes/No