ZAHOOR AHMAD MIR Vs. NUSRAT IBRAHIM

JUDGEMENT

(1.) The petitioner has called in question order dtd. 14/9/2018 passed by District Mobile Magistrate, Anantnag (hereinafter referred to as the learned trial Magistrate) whereby in a proceeding under Sec. 12 of the J&K Protection of Women from Domestic Violence Act, 2010, the petitioner has been directed to pay a monthly monetary benefit of Rs.5000.00to the respondent from the date of the application. The aforesaid order has been upheld in an appeal filed against the aforesaid order of the trial Magistrate by the Court of learned Principal Sessions Judge, Anantnag (hereinafter referred to as the Appellate Court) in terms of its order dtd. 30/12/2019. The said order has also been challenged by the petitioner by way of instant petition.

(2.) It appears from the record that the respondent had filed a petition under Sec. 12 of the J&K Protection of Women from Domestic Violence Act, 2010 (hereinafter referred to as the Act of 2010) against her husband i.e., the petitioner herein before the learned trial Magistrate. In the said application, the respondent had claimed that her husband i.e., petitioner herein, has inflicted acts of domestic violence upon her by maltreating her and throwing her out from the matrimonial house with her minor daughter. It was further alleged that the respondent has no accommodation for herself and that she is in dire need of accommodation and sustenance. The petitioner herein filed objections to the aforesaid application and raised a plea that he has divorced the respondent and, as such, there exists no relationship between the parties. Thus, according to the petitioner, the proceedings are not maintainable.

(3.) The learned trial Magistrate after hearing the parties, while disposing of the application, directed the petitioner to pay a monthly maintenance of Rs.5000.00to the respondent and to provide her a separate accommodation.