Dismissed

Javid Ahmad Lone v. Abida Mushtak and Anr.

J&K HC7 Jul 2021TrP (Crl)/31/2019

Case brief

AI extract

What is this about?

The High Court dismissed this transfer application seeking to move a Section 488 Cr.PC maintenance petition from Baramulla to Bandipora. The Court held it could not decide the factual dispute regarding jurisdiction and directed the petitioner to challenge it in the lower court.

What did the court decide?

Transfer application dismissed with direction to raise jurisdictional plea before the Learned Judicial Magistrate, Baramulla.

Javid Ahmad Lone Vs Abida Mushtak and Anr. — Maintenance and Alimony | J&K HC (2021)

¶1

S.No. 210 After Notice Matters

¶2

HIGH COURT OF JAMMU AND KASHMIR AT SRINAGAR

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TrP No. 31/2019

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Javaid Ahmad Lone.

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…Petitioner(s) Through: None. V/s

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Aabida Mushtak and another.

¶7

…Respondent(s)

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Through: None.

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Coram: HON’BLE MR. JUSTICE SANJEEV KUMAR, JUDGE

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ORDER

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07.07.2021

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This transfer application seeking transfer of an application filed by the respondents under Section 488 Cr.PC from the Court of Learned Judicial Magistrate, Baramulla, to any Magistrate, of competent jurisdiction at Bandipora, is pending adjudication in this Court since 23^rd July 2019.

¶13

The respondents have not been served primarily because of the failure on the part of petitioner to take requisite steps.

¶14

From the perusal of the application, it transpires that the transfer of the petition from the Court at Baramulla, to a Court at Bandipora, has been sought on the ground that the Court of learned Judicial Magistrate, Baramulla, does not have jurisdiction to entertain the application. There is no other ground pleaded in the application.

¶15

I have considered the material on record. From mere reading of the application filed by the respondent before the Learned Judicial Magistrate, Baramulla, it clearly transpires that the respondents after having been abandoned by the petitioner have taken up the residence at Kanispora, Baramulla, and have, therefore, chosen to file the application under Section 488 CR.PC for maintenance in the Court of Learned Judicial Magistrate, Baramulla.

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The petitioner may have reason to dispute this factual aspect of the case but for him the right course is to approach the Court of learned Judicial Magistrate, Baramulla, and raise this plea of jurisdiction there.

¶17

Neither this Court can decide this question which is purely factual in the nature nor can it be a ground for transfer of a 488 Cr.PC petition from one Court to another.

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In the foregoing, reasons I find no ground for transfer of this application. Accordingly, this petition is dismissed.

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(SANJEEV KUMAR) JUDGE

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SRINAGAR

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07.07.2021 Shaista

¶22

SHAISTA RASHID SHAH 2021.07.14 12:31 I attest to the accuracy and integrity of this document

Javid Ahmad Lone v. Abida Mushtak and Anr.

Case brief

What is this about?

What did the court decide?

Javid Ahmad Lone v. Abida Mushtak and Anr.

Case brief

What is this about?

What did the court decide?

What the court decided

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Issues for consideration

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