Extracted from the PDF above. The PDF is authoritative.
S. No. 38 Regular Cause List IN THE HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT SRINAGAR
TrP (Crl) No. 23/2023
Dr. Tanveer Hassan Khan …Appellant/Petitioner(s) Through: Ms. Mehjabeen, Advocate vice Mr. A. M. Dar, Sr. Advocate Vs. Andleeba Rehman and Anr. ...Respondent(s) Through: None CORAM:
HON’BLE MR JUSTICE VINOD CHATTERJI KOUL, JUDGE
O R D E R 05.03.2025
1. Transfer of maintenance petition titled “Andleeba Rehman and Anr. v. Dr. Tanveer Hassan Khan”, filed by respondent under Section 125 Cr.P.C, from the Court of Sub-Judge (JMIC), Kupwara, to any other Court of competent jurisdiction at Srinagar, is sought in this petition precisely on the grounds that the Court at Kupwara imposes unwarranted and excessive inconvenience, causing severe practical hardships to the petitioner, witnesses and legal representatives; that the travelling to Kupwara for Court proceedings is unduly burden, financially draining and disrupting the normal course of life of petitioner; that the petitioner’s personal safety and security are under constant peril due to the presence of assailants involved in the assault incident residing in Kupwara.
2. I have heard learned counsel for the petitioner and perused the material on file.
3. Respondent No.1 and her daughter have filed maintenance petition claiming therein that she is unable to maintain herself as having been deserted by her husband. If this petition is transferred, it would amount to subjecting the respondents herein to hardship because her case is that she has no source of income, whereas her husband has a sufficient means and able to provide maintenance to her. Petitioner intends to put the respondent No.1 in hardship so that she would not
pursue the case of her maintenance. Allowing of this petition would cause inconvenience and hardship to respondents.
4. Viewed in the context of all that has been said and done above, there appears to be no merit and substance in this application. This entails dismissal and is, accordingly, dismissed.
(VINOD CHATTERJI KOUL)
JUDGE
SRINAGAR 05.03.2025 Manzoor
Manzoor Ul Hassan Dar I attest to the accuracy and authenticity of this document Srinagar 26.03.2025 11:29