MOHAMMAD RAFIQ WANI Vs. ZAMROODA

JUDGEMENT

(1.) The petitioners have challenged the complaint filed by the respondents against them under the provisions of the Protection of Women from Domestic Violence Act, 2010, as also the order dtd. 18/11/2021, passed by the Chief Judicial Magistrate Ganderbal. Challenge has also been thrown to order dtd. 26/3/2020 passed by the Additional Special Mobile Magistrate Ganderbal in proceedings under Sec. 125 Cr.P.C filed by the respondent No.1 against her husband i.e, petitioner No.1 herein.

(2.) I have heard learned counsel for the petitioners and perused the record.

(3.) It appears that respondent No.1, who happens to be the wife and respondent No.2, who happens to be the minor son of petitioner No.1, have filed proceedings under the provisions of the Protection of Women from Domestic Violence Act, 2010 before the court of learned Chief Judicial Magistrate, Ganderbal. In the said proceedings, the respondent No.1 has alleged that, the petitioners herein have committed the acts of domestic violence against her. The learned Chief Judicial Magistrate, has, after perusing the material on record, recorded her satisfaction that the petitioners herein have committed domestic violence against the respondent No.1. Accordingly, vide impugned order dtd. 18/11/2021, petitioner No.1 has been directed to pay a sum of Rs.10000.00 per month to respondent No.1 and Rs.7000.00 per month to respondent No.2 as interim maintenance. Besides this, petitioner No.1 has been directed to provide one room with washroom on rental basis at Ganderbal to the respondents and he has further been restrained from committing any domestic violence against respondent No.1. The order impugned has been passed in ex parte and liberty has been given to the petitioners to approach the said court for modification or vacation of the order.