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2022 Supreme(J&K) 668

MD. AKRAM CHOWDHARY
Mehboob ul Hussain – Appellant
Versus
Jhasra Parvaiz – Respondent


Advocates Appeared:
For the Petitioner: Mr. Z.A. Qureshi, Sr. Adv. with Ms. Raziya Amin.
For the Respondents: Mr. Hazim Qureshi.

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 a

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