JUDGEMENT :

1. Petitioner, through the medium of this petition seeks transfer of two cases, (i) Jhasra Parvaiz Vs. Mehboob ul Hussain Qadri & Anr., and (ii) Mehboob ul Hussain Qadri & Anr. Vs. Jhasra Parvaiz from the court of learned Principal District & Sessions Judge Srinagar to any other court of competent jurisdiction at Srinagar.

2. It has been asserted that a complaint was filed by respondent No.1 in terms of Section 12 of the Protection of Women from Domestic Violence Act 2005 (for short ‘D.V.Act’) before the court of learned Judicial Magistrate (2nd Additional Munsiff) Srinagar, who vide order dated 25.07.2022, directed the petitioner herein to pay maintenance of Rs.15,000/- per month to respondent No.1 herein.

3. It has been further pleaded that being aggrieved of this order petitioner herein filed an appeal under Section 29 of D.V.Act before the court of learned Principal District & Sessions Judge Srinagar, which was transferred to the court of learned 2nd Additional District Judge Srinagar for adjudication; that respondent No.1 also aggrieved of the same order dated 25.07.2022 passed by learned Magistrate filed an appeal under Section 29 of D.V.Act, against the petitioner and Mrs. Tahira Begum, who was arrayed as proforma respondent, before the court of learned Principal Sessions Judge Srinagar, which was retained by him in his own court; that the learned Principal Sessions Judge Srinagar also recalled the appeal assigned to the court of learned 2nd Additional Sessions Judge, though learned Sessions Judge, after issuance of notice by the other Sessions court, had no jurisdiction and authority to recall the case to his court.

4. It has been alleged that the court of learned Principal Sessions Judge Srinagar, despite application, did not issue certified copy of the order dated 01.10.2022 to the petitioner who was informed by an official of the court that the file was lying in the chambers of the learned Judge; that the petitioner did not appear before the Sessions court on 10.10.2022, as the case was not shown listed in the Cause List. That on 19.10.2022 the petitioner’s counsel came to know that the matter had also been listed on 17.10.2022 and had been reserved for judgment without hearing the petitioner in both the appeals; that the petitioner moved an application on 18.10.2022 before the court praying therein that the petitioner be allowed to argue the matter i.e. both appeals but the court did not consider this application at all.

5. It was further pleaded that due to not listing the matter on 10.10.2022 a doubt and the way proceedings were conducted from day one, the petitioner got apprehensions, in his mind that he will not get fair trial, as such, he moved this application for transfer of appeals from the Sessions court to any other court of competent jurisdiction.

6. Pursuant to notice, the contesting respondent No.1 filed objections to this petition, asserting therein that the petitioner has filed this petition to escape his liability, which the law of land has imposed upon him, as he, despite orders of paying maintenance and despite filing of execution application, has not liquidated the maintenance arrears; that the trial court was not taking enough steps for liquidation of maintenance which has accumulated to about Rs.1.30 lacs, as such, the appellate court had started coercive steps for liquidation of the amount and this being the only reason the instant application has been filed; that, the cases cannot be transferred from one court to another as per the convenience of the petitioner, who is reluctant to obey the court orders; that, the petitioner has filed false, frivolous and vexatious petition with unclean hands concealing the material facts, as such, is not entitled to any relief, claimed by him. The application for transfer is further opposed on the ground that the transfer of the case shall shake the trust and confidence in the courts, as the cases cannot be transferred at the drop of the hat. It has be