Transfer of DV case rejected as one of the respondents is also a woman !! SHADAB ROSE D/O MOHAMMED ZAHIRULLAH KHAN - Applicant(s) Vs IMTIAZ AHMED NAZIR AHMED SHAIKH & 3 - Respondent(s)

Gujarat High Court

Shadab vs Imtiaz on 4 February, 2011

Author: Anant S. Dave,&Nbsp;


CR.MA/1385/2011 1/ 1 ORDER

IN

THE HIGH COURT OF GUJARAT AT AHMEDABAD

CRIMINAL MISC.APPLICATION No. 1385 of 2011

=============================================

SHADAB ROSE D/O MOHAMMED ZAHIRULLAH KHAN - Applicant(s)

Versus

IMTIAZ AHMED NAZIR AHMED SHAIKH & 3 - Respondent(s)

============================================= Appearance

: MR IQBAL M KHAN for Applicant(s) : 1, None for Respondent(s) :  - 3. MS CM SHAH

ADDL. PUBLIC PROSECUTOR for Respondent(s) : 4,

=============================================

CORAM : HONOURABLE MR.JUSTICE ANANT S. DAVE

Date : 04/02/2011

ORAL ORDER

The applicant who has filed a case under the Protection of Women from Domestic Violence Act, 2005 against the respondents in the Court of learned Metropolitan Magistrate, Court No.1, Ahmedabad on 10.11.2010 seeks transfer of the case at Himmatngar, District: Sabarkantha were she is serving as a part time lecturer at S.B. Mahila Arts College. It is submitted that the applicant has to maintain her 12 year old son and it will be onus to attend the case at Metropolitan Magistrate Court at Ahmedabad.

Perusal of the record reveals that respondents reside at Vadodara and particularly respondent N0.3 Ms. Najma N. Shaikh is also a lady. This application lacks merit inasmuch as within one month of filing of complaint the transfer petition is filed and she is only serving as a part time lecturer and distance between Himmatnagar and Ahmedabad is 70 kms. while respondents may have to travel for about 180 kms. from Vadodara to Himmatnagar.

The request appears to be unreasonable and, therefore, no relief can be granted as prayed for. This application is rejected summarily.

[ANANT S. DAVE, J.]

//smita//


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