SHAMSHADA AKHTER Vs. AIJAZ PARVAIZ SHAH

JUDGEMENT

(1.) These two Letters Patent Appeals (LPAs) have been filed by the appellants against the orders passed by two different learned Single Judges of this Court in petitions under Section 482 of the Code of Criminal Procedure, 1973 (now applicable in the Union Territory of Jammu and Kashmir)/561-A of the Code of Criminal Procedure, 1933 (now repealed). The two provisions are in pari materia to each other.

(2.) The question arising for determination in both these LPAs is about their maintainability under Clause 12 of the J&K Letters Patent of 1943. Therefore, the two LPAs were taken up and heard together on the said question of law, and are being dealt with by this common order. First, the brief narration of factual matrix of the two cases is given hereunder. LPA no.80/2020:

(3.) The appellant on 26.02.2019 filed a complaint under the J&K Protection of Women from Domestic Violence Act, 2010 (the Act), alleging therein that her husband, respondent herein, had subjected her to domestic violence. She sought compensation, damages and prohibition against committing acts of domestic violence and harassment, as well as maintenance to the tune of Rs.40,000/- per month. The appellant is working as a Bank Manager and the respondent has retired from Government service. Obviously, they are quite aged. They are issueless.