Syeda Saba Fatima and Others v. Syed Tahir Naqaash
Case brief
What is this about?
The High Court transferred a restitution of conjugal rights case from the Court of Sub Judge Poonch to the Court of Sub Judge Jammu. The court held that the petitioner's inconvenience and safety concerns as a student residing in Delhi outweighed the respondent's preferences.
What did the court decide?
Transfer of the case filed for restitution of conjugal rights from the Court of Sub Judge Poonch to the Court of Sub Judge Jammu.
What the court decided
HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT JAMMU
TrP(C) No. 06/2021 CM No. 1900/2021
Reserved on:- 29.11.2021 Pronounced on:- 02.12.2021
Syeda Saba Fatima and ors.
…..Appellant(s)/Petitioner(s)
Through: Mr. M.A Bhat, Advocate.
Vs
Syed Tahir Naqaash
.…. Respondent(s)
Through: Mr. Muzaffar Iqbal Khan, Advocate.
Coram: HON’BLE MR. JUSTICE PUNEET GUPTA, JUDGE
ORDER
- The petitioners herein seek transfer of the case filed for restitution of conjugal rights by the respondent and pending before the Court of learned Sub Judge (Chief Judicial Magistrate), Poonch to any other Court of competent jurisdiction in Jammu District on the ground that the petitioners are the residents of Kargil Colony, Narwal Bala Jammu; that the petitioner No. 1 is a student pursuing her studies at Delhi and is now required to join the physical classes at Delhi; that the petitioner No. 3 is a chronic diabetic patient and further that the petitioners are under serious threat from the respondent and his relatives. The respondent is a police personnel and is presently posted in IRP 7th Batallion Amb-Grota, Jammu is also stated in the petitoin.
Issues for consideration
3 issues framed by the court
Whether the high court is permitted to transfer a restitution of conjugal rights case from the court of Sub Judge, Poonch to the court of Sub Judge, Jammu.
Whether the convenience of the petitioner-resident of Kargil pursuing studies in Delhi outweighs the objections of the respondent for transfer of proceedings.
Whether sufficient grounds exist under civil procedure rules for allowing the transfer of the matrimonial suit from Poonch jurisdiction to Jammu jurisdiction.
Parties & counsel
- appellant
Syeda Saba Fatima and ors.
- respondent
Syed Tahir Naqaash
Coram
Puneet Gupta
Case details
As recorded by the court registry
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