Jammu & Kashmir High Court
Davinder Kumar & Ors vs Neha Devi on 20 April, 2026
Author: Rahul Bharti
Bench: Rahul Bharti
Supplementary List-I
Serial No. 107
HIGH COURT OF JAMMU & KASHMIR AND LADAKH
AT JAMMU
TrP (C) No. 7/2026
CM No. 2316/2026
Davinder Kumar & Ors.
.....Petitioners
Through: Mr. Anil Sethi, Advocate.
Vs
Neha Devi
.....Respondent
Through:
CORAM: HON'BLE MR. JUSTICE RAHUL BHARTI, JUDGE
ORDER
(20.04.2026)
01. The petitioner No. 1 is the husband, the petitioner Nos. 2
and 3 are the parents-in-law and the petitioner No. 4 is brother-in-
law of the respondent-Neha Devi.
02. Through the medium of this petition, the petitioners are
invoking jurisdiction of this Court under section 24 of the Code of
Civil Procedure, 1908 for seeking transfer of the petition preferred
by the respondent under the Protection of Women from Domestic
Violence Act, 2005, which the respondent has initiated before the
court of learned Special Mobile Magistrate (Sub-Judge), Udhampur,
wherefrom the petitioners have come to receive a notice for their
appearance without any option of appearance through an Advocate
and that has left the petitioners aggrieved to assail the institution of
the proceedings as misuse of the process of law by reference to the
fact that the respondent has no co-relation in any context, be it
marital side or parental side, with Udhampur as in her own petition
she is said to have referred herself resident of Jammu, but now in a
2 TrP (C) No. 7/2026
CM No. 2316/2026
rented accommodation without disclosing the particulars of the
rented accommodation at Golmela, Udhampur.
03. Copy of the notice produced by Mr. Anil Sethi, learned
counsel for the petitioners with respect to appearance before court
of learned Special Mobile Magistrate (Sub-Judge), Udhampur is
taken on record.
04. Issue notice to the respondent.
05. The service of the respondent to take place by Process
Serving Agency of the court of learned Principal District Judge,
Udhampur for which the petitioner No. 1 is directed to procure
dasti summons from the learned Registrar Judicial, Jammu within
a period of seven days from the passing of this order and deliver the
same within next seven days against receipt to Incharge, Tamilat
Section of learned Principal District Judge, Udhampur, wherefrom a
Process Server be deputed to effect the service upon the respondent
at the given address which she herself has given in her petition and
return the process by next date of hearing.
06. List on 03.06.2026.
07. In the meantime, further proceedings in the case before
the court below shall remain stayed till next date of hearing.
(RAHUL BHARTI)
JUDGE
JAMMU
20.04.2026
Bunty
Bunty Kumar
2026.04.22 10:47
I attest to the accuracy and
integrity of this document