ZAMROODA AKHTAR Vs. FAROOQ AHMAD

JUDGEMENT

(1.) THE applicant, Mrs. Zamrooda Akhtar, has filed this petition for transferring the civil suit titled Farooq Ahmad Bhat v. Zamrooda Akhtar and ors, instituted by her husband, Farooq Ahmad Bhat for restitution of conjugal rights in the Court of District Judge Shopian to the competent Court of jurisdiction at Kulgam.

(2.) ACCORDING to the averments made in the petition, the petitioner- wife was teased and tortured by the respondent no.1 and during her pregnancy when she was not maintained by her husband she left the house of the respondent no.1 and started living at Kulgam with her brothers. It has also been stated that though out of the wedlock one issue was born but could not survive. Petitioner has further stated that when the respondent no.1 declined to maintain her, she was forced to file a petition under Section 488 Cr.P.C which is pending in the Court of Chief Judicial Magistrate, Kulgam. Respondent no.1 has filed the suit for restitution of conjugal rights only in order to harass the petitioner.

(3.) LEARNED counsel for the petitioner has submitted that civil suit for restitution of conjugal rights is a counter blast to the petition filed under Section 488 CR.P.C by the petitioner as the civil suit was filed by the respondent no.1 after filing of petition under Section 488 Cr.P.C. Learned counsel has submitted that as the petitioner has no source of income, she would not be able to defend her case at Shopian.