AADIL HUSSAIN TIBETBAQAL Vs. ASRA MANZOOR SHAH

JUDGEMENT

(1.) Petitioners have challenged orders dtd. 18/9/2021 and 18/11/2021 passed by the Judicial Magistrate 1st Class (Second Additional Munsiff) Srinagar in the proceedings filed by the respondent herein under the provisions of Protection of Women under Domestic Violence Act. Petitioners have also challenged the proceedings pending before the trial Magistrate.

(2.) Vide the impugned order passed on 18/9/2021, petitioner No.1 (husband) has been directed to pay an amount of Rs.5000.00 per month as interim maintenance to respondent (wife) and Rs.3000.00 per month as interim maintenance in favour of his minor son. A further direction has been issued to the petitioner (husband) to provide one room, kitchen and bathroom to the respondents herein in the shared household and in case no separate bathroom is available they are to be allowed to use the common bathroom or in alternative the petitioner (husband) has been directed to arrange two rooms, kitchen and bathroom for his wife and minor son and if he fails to do so within one month he has to pay an amount of Rs.10000.00 per month to the respondents (wife and minor son) on account of rent. The order has been passed in ex parte and it has been made subject to objections of other side with liberty to file application for modification of the order.

(3.) Another order dtd. 18/11/2021 has been passed by the learned trial Magistrate which is also impugned in this petition, whereby, on an application filed by the respondent (wife), a direction has been issued to the DDO of the petitioner (husband) to deduct an amount of Rs.18000.00 per month from his salary and to deposit the same into bank account number pertaining to the respondent (wife).