S. No.125 Regular List IN THE HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT SRINAGAR TrP (Crl) 2/2025 CrlM(241/2025) JABEENA AKHTAR AND ANR. …..Petitioner(s) Through: Mr.Malik Faraz, Advocate V/s TANVEER AHMAD WANI AND ANR. … ..Respondent(s) Through : Mr.Tawheed Ahmad, Advocate CORAM: HON’BLE MR. JUSTICE SANJAY DHAR, JUDGE ORDER 21.04.2026 1. The petitioners through the medium of present petition are seeking transfer of two petitions filed by them against the respondents under Section 12 of the Protection of Women From Domestic Violence Act (hereafter ‘the D.V.Act’) and under Section 125 Cr.P.C from the Court of learned Judicial Magistrate Ist Class, Tangmarg to any competent Court at Srinagar. 2. The ground urged for seeking transfer of the petitions is that petitioner No.1 alongwith her minor daughter is residing alone in Srinagar. It has been submitted that petitioner No.1 has to travel to Tangmarg to attend the Court proceedings which is at a distance of 50kms from Srinagar and the same causes immense physical and TrP (Crl) 2/2025 Page 2 of 5 mental stress to her. It has been further submitted that respondent No.1 is a man of means and influence and he has the potential to harass petitioner No.1. It has been further submitted that the petitioners had to relocate themselves because of the threat posed by the respondents. It has also been submitted that the learned JMIC Tangmarg has not passed any interim order in terms of Section 23 of the D.V.Act even though more than ten hearings of the case have taken place. It has been submitted that the petitioners have been extended the services of an Advocate by District Legal Services Authority which shows that they are facing severe financial constraints. 3. The respondents have contested the petition by filing their reply. In the reply it has been submitted that the petitioner is a permanent resident of village Barzulla Tehsil Kunzer District Baramulla and that she is not residing at Srinagar. It has been submitted that the petitioner had initially filed a petition under Section 125 Cr.P.C before learned Judicial Magistrate 1st Class, Magam by stating that she is residing in a rented house at Badran, Magam, but when she was directed to produce the rent deed or any proof of tenancy, she failed to produce the same. Thereafter upon verification and due consideration, the learned JMIC, Magam transferred the case to the learned JMIC, Tangmarg. It has been further submitted that the respondents are not extending any threat TrP (Crl) 2/2025 Page 3 of 5 or coercion upon the petitioners. It has been contended that the petitioners are merely attempting to avoid appearance before learned JMIC Tangmarg and they are filing multiple cases against the respondents. 4. I have heard learned counsel for the parties and perused the material on record, including the trial Court record. 5. Section 447 of BNSS vests power with the High Court to transfer cases. The transfer of a case from one Court to another within the jurisdiction of the High Court can be ordered if it is made to appear that a fair and impartial inquiry or trial cannot be had in any Criminal Court subordinate to the High Court; or there is some question of law of unusual difficulty arising in a case; or that an order of transfer of case will tend to general convenience of the parties or witnesses; or that the same is expedient for the ends of justice. 6. In the present case the petitioners contend that they are residing at Srinagar and it is very harsh and cumbersome for them to attend the Court proceedings at Tangmarg where they have filed a petition under Section 12 of the D.V.Act against the respondents. The residential status of petitioners at Srinagar has been disputed by the respondents in their reply. It has been clearly stated by the respondents in their reply that the petitioner is residing at Barzulla Tangmarg Tehsil Kunzar District Baramulla. In the title of the TrP (Crl) 2/2025 Page 4 of 5 petition, while the petitioners have reflected their residential address as Kawarhama Baramulla, it has also been reflected that at present they are residing at Srinagar. The petitioners have not given the full particulars of their address at Srinagar and no document or material has been placed on record to show that the petitioners have shifted to Srinagar. In the absence of any material to show that the petitioners are presently residing at Srinagar and in the absence of the particulars of the address where the petitioners are residing at Srinagar, it appears that the present petition has been filed only to subject the respondents to multiple proceedings. Since the petitioners have failed to show that they are residing at Srinagar, as such, transferring the petitions under Section 12 of the D.V.Act and under Section 125 of the Cr.P.C pending before the Court of learned JMIC Tangmarg to any Court at Srinagar will cause inconvenience to both the parties. 7. During the course of hearing, learned counsel for the respondents has submitted that the petition under Section 125 Cr.P.C stands transferred to the Court of Judicial Magistrate 1st Class (Sub Judge) Pattan as the learned JMIC Tangmarg has recused himself from hearing the case. This position has not been disputed by learned counsel for the respondents. 8. In view of the above, while declining the prayer of the petitioners it is directed that the petition under Section 12 of the TrP (Crl) 2/2025 Page 5 of 5 D.V.Act filed by the petitioners shall also stand transferred to learned Judicial Magistrate 1st Class (Sub Judge) Pattan. The Registry is directed to transmit the original record received from Court of JMIC Tangmarg to the Court of learned JMIC(Sub Judge) Pattan forthwith. The parties shall appear before the said Court. Copies of this order be sent to both the courts below. (SANJAY DHAR) JUDGE SRINAGAR 21.04.2026 Sarveeda Nissar Whether the order is speaking: Yes/No Whether the order is reportable: Yes/No Sarveeda Nissar I attest to the accuracy and authenticity of this document every page at bottom left side 24.04.2026 10:37