TARIQ AHMAD SHEIKH Vs. MST. ROHI

JUDGEMENT

(1.) The petitioners have challenged order dtd. 13/8/2018, passed by Special Mobile Magistrate (Sub Judge), Srinagar, as also order dtd. 7/9/2019, passed by learned 3rd Additional Sessions Judge, Srinagar, whereby the order of the learned Special Mobile Magistrate has been upheld in an appeal.

(2.) It appears that the respondent had filed a petition under the provisions of the Jammu and Kashmir Protection of Women from Domestic Violence Act, 2010 (hereinafter referred to as the Act of 2010), alleging therein that she is legally wedded wife of petitioner No.1 and that their marriage was solemnized on 18/10/2011. Out of this wedlock, one daughter was born. It was alleged that right from the inception of marriage, the relations between petitioner No.1 and the respondent remained strained as the respondent was subjected to atrocities by petitioner No.1. It was further alleged that petitioner No.1 along with other petitioners started ignoring, thrashing and beating respondent without any rhyme or reason, as petitioner No.1 was having illicit relationship with some other woman. Ultimately, on 6/9/2013, the respondent was thrown out of her matrimonial house. It was further alleged that the respondent was subjected to persistent humiliation, physical, mental economic and emotional abuse by the petitioners. The respondent filed a petition under Sec. 488 of the Jammu and Kashmir Cr. P. C before Judicial Magistrate, 1st Class (3rd Additional Munsiff), Srinagar, wherein an interim monthly maintenance of Rs.900.00 was granted in favour of the minor child and Rs.1200.00 in favour of the respondent.

(3.) On the basis of the aforesaid allegations, the respondent sought compensation, an order to reside in the shared household as also a protection order against the harassment and domestic violence.