NISSAR AHMAD MALIK Vs. MUBEENA FARHAT

JUDGEMENT

(1.) Respondents herein have filed a complaint against the petitioner under the provisions of the Jammu and Kashmir Protection of Women from Domestic Violence Act, 2010, and the court of learned Judicial Magistrate (Forest Magistrate), Srinagar (hereinafter referred as trial court), vide order dtd. 12/2/2019 ordered the petitioner herein to pay Rs.4000.00 per month to his wife(respondent No.1 herein) and Rs.3000.00 each to his minor children(respondents 2 to 4 herein); furthermore, it was ordered to provide one room, kitchen and bathroom in the shared household or in alternative rental accommodation at suitable place; also the petitioner herein was restrained from committing any act of violence upon the respondents herein.

(2.) Aggrieved of this order, the petitioner herein preferred this petition under Sec. 561-A J&K Cr.PC, which is akin to Sec. 482 Central Cr.PC, for quashment of the impugned order issued by the trial court. The impugned order has been challenged on many counts including the plea that the petitioner had already divorced his wife on 27/7/2018.

(3.) Respondents have filed their objections to the petition contending therein that the petitioner had efficacious remedy of appeal to be filed before the Sessions court, as such, this petition is not maintainable and prayed for its dismissal.