Jammu and Kashmir High Court
TrP (C)/57/2023 of IRFANA BANO Vs MOHD SAJID on 27 July 2026
OF JAMMU & KASHMIR AND LADAKH AT JAMMU TrP (C) No. 57/2023 CM No. 7158/2023 Irfana Bano …..Appellant(s)/Petitioner(s) Through: Mr. Mohd. Avais Choudhary, Advocate. vs Mohd. Sajid .…. Respondent(s) Through: None. Coram: HON’BLE MR. JUSTICE RAJNESH OSWAL, JUDGE ORDER
HIGH COURT OF JAMMU & KASHMIR AND LADAKH
AT JAMMU
TrP (C) No. 57/2023
CM No. 7158/2023
Irfana Bano
…..Appellant(s)/Petitioner(s)
Through: Mr. Mohd. Avais Choudhary, Advocate.
vs
Mohd. Sajid
.…. Respondent(s)
Through: None.
Coram: HON’BLE MR. JUSTICE RAJNESH OSWAL, JUDGE
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ORDER
27.07.2026
1. The petitioner, who happens to be wife of the respondent, has filed this petition for transfer of the suit bearing file No. 05/suit titled “Mohd. Sajid vs. Irfana Bano and others” pending before the court of Sub- Judge, Nowshera, Rajouri to any other court of competent jurisdiction at Jammu.
2. It is stated that the petitioner has also filed a petition under section 12 of the Protection of Women from Domestic Violence Act, 2005, which is pending before the court of 2nd Additional Munsiff (JMIC), Jammu. The petitioner has also stated that it is not convenient for her to contest the petition at Rajouri.
3. In terms of order dated 02.12.2023, proceedings of the suit titled “Mohd. Sajid vs. Irfana Bano and others” were stayed.
4. A perusal of the order dated 02.02.2024 passed by the learned Registrar Judicial of this Court reveals that the respondent stands Serial No. 17
2 TrP (C) No. 57/2023
served, however, despite service, the respondent has chosen not to object to the present petition.
5. In view of the fact that the petitioner has already filed a petition under section 12 of the Protection of Women from Domestic Violence Act, 2005 and the petitioner does not have any source of income to contest the suit at Rajouri and more particularly as the respondent has chosen not to object to the present petition, the instant petition is allowed and the suit titled “Mohd. Sajid vs. Irfana Bano and others” is transferred from the court of Sub-Judge, Nowshera, Rajouri to the court of learned Principal District Judge, Jammu, who shall assign the same to any other court of competent jurisdiction at Jammu.
6. Sub-Judge, Nowshera, Rajouri shall transmit the record of the suit titled “Mohd. Sajid vs. Irfana Bano and others” to Principal District Judge, Jammu.
7. Disposed of along with the connected application.
(RAJNESH OSWAL)
JUDGE
Jammu 27.07.2026 Sahil Padha
Sahil Padha 2026.07.27 17:19 I attest to the accuracy and integrity of this document