HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT JAMMU TrP(C) No. 8/2025 CM No. 1748/2025 1. Faizan Choudhary, age 24 years S/o Parvez Ahmed R/o 21-C, East Extension Trikuta Nagar, Jammu 2. Parvez Ahmed, age 61 years S/o Lt. Ch. Mohammad Akbar R/o 21-C, East Extension Trikuta Nagar, Jammu 3. Rabiya Akhtar alias Mona age 63 years, W/o Parvez Ahmed R/o 21-C, East Extension Trikuta Nagar, Jammu 4. Tamanna, age 32 years D/o Parvez Ahmed R/o 21-C, East Extension Trikuta Nagar, Jammu A/p Ziyarat Sharief /Jamia Masjid, Gandhi Nagar, Jammu …..Appellant(s)/Petitioner(s) Through: Mr. Jasbir Singh Jasrotia, Advocate Vs 1. Aatira Tanleel, age 28 years, W/o Faizan Choudhary D/o Abdul Nasir R/o A/p Noora Baad Colony Lane No. 1, Near Kargil, Colony Bathindi, Jammu .…. Respondent(s) Through: None CORAM: HON’BLE MR. JUSTICE RAHUL BHARTI, JUDGE ORDER (06.05.2025) Serial No. 01 2 TrP(C) No. 8/2025 01. After arguing for a while when this Court came to point out that the premise on which the petitioners are seeking transfer of the proceedings initiated by the respondent under the Protection of Women from Domestic Violence Act, 2005 from the court of Special Mobile Magistrate PT & E Srinagar, to a competent court of Judicial Magistrate 1st Class in Jammu, being that the Special Mobile Magistrate PT & E Srinagar, has no jurisdiction to deal with the matter, then it is not for this Court to decide on the said point of objection for facilitating transfer of the case on the asking of the petitioners. 02. Learned counsel for the petitioners seeks withdrawal of the present petition without prejudice to their right to object with respect to the maintainability of the proceedings initiated before the Special Mobile Magistrate PT & E Srinagar by the respondent. 03. The present petition is allowed to be withdrawn without prejudice to the right of the petitioners to agitate the maintainability of the proceedings before the court at Srinagar. 04. Given the fact that the respondent has initiated proceedings under Protection of Women from Domestic Violence Act, 2005, in Srinagar, as such, for 3 TrP(C) No. 8/2025 the petitioners No. 2 and 3 who are her parents-in-law and petitioner No. 4 who is her sister-in-law, it would be physically inconvenient for them to appear in person on each and every date of hearing in the case before the said court, particularly bearing in mind the current security scenario and the road condition of National Highway, therefore, this Court directs the Special Mobile Magistrate PT & E Srinagar to accord exemption in favour of the petitioners No. 2 to 4 from personal appearance and allowing them appearance in the case through counsel. 05. Dismissed as withdrawn in the light of the aforesaid observations. (RAHUL BHARTI) JUDGE JAMMU 06.05.2025 SUNIL