Transfer petition seeking removal of maintenance proceedings from the Magistrate court at Budgam on apprehension of harm to the petitioner. The Court declined transfer but directed the Magistrate to ensure the wife and her relatives do not intimidate or harass the petitioner during attendance and defence.
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Serial No.58 SUPPLEMENTARY CAUSE LIST-I
IN THE HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT SRINAGAR
TRP (C) 19/2025 CM 6580/2025
Mudasir Ahmad Bhat …Petitioner(s)
Through: Mr. Parvaiz Lone, Advocate
Vs.
Iqra Nabi and Ors. …Respondent(s)
Through:
CORAM:
HON’BLE MR. JUSTICE RAHUL BHARTI, JUDGE
ORDER
10.10.2025
1. By reference to the apprehension and fear of the
petitioner that he is being exposed to suffer injury at the hands of his wife, her parents and relatives while attending the proceedings in the case pending before the court of Judicial Magistrate 1st Class, Budgam wherein the respondents, as wife and daughter of the petitioner, are claiming maintenance, this Court is not inclined to order transfer of the proceedings from the court of Judicial Magistrate 1st Class, Budgam to any
other court.
2. Even if the allegations made by the petitioner are taken to be correct, nevertheless, this Court directs the Judicial Magistrate 1st Class, Budgam to ensure that the respondent No. 1-Iqra Nabi (wife of the petitioner), and her relatives do not, in any manner, intimidate or harass the petitioner in the matter of his appearance and attendance in the case and in
defending the proceedings.
3. This Court makes it clear even to the counsel representing the respondent No. 1-Iqra Nabi that any act of omission or commission on the part of his/her client against the petitioner in the matter of attending the proceedings of the case may amount to professional misconduct on his/her part also, cognizable by the State Bar Council i.e., High Court of Jammu & Kashmir and Ladakh.
4. Disposed of.
5. Copy of this order be forwarded by the Registrar Judicial, Srinagar to the court below for notice and reference.
(RAHUL BHARTI) JUDGE
SRINAGAR :
10.10.2025 “Mir Arif”
1 issue framed by the court
Whether maintenance proceedings before the Judicial Magistrate 1st Class, Budgam should be transferred on the petitioner's apprehension of harm from his wife and her relatives.
Mudasir Ahmad Bhat
Iqra Nabi
Rahul Bharti
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
