ALTAF AHMAD ZARGAR Vs. SANA

JUDGEMENT

(1.) The petitioners have challenged the application filed by the respondents against them under Sec. 12 of the Protection of Women from Domestic Violence Act, 2005 (hereinafter referred to as the DV Act), which is stated to be pending before the Court of learned Judicial Magistrate, 1st Class (1st Additional Munsiff), Srinagar.

(2.) As per the case of the petitioners, petitioner No.1 had entered into wedlock with respondent No.1 in the year 2016 and out of this wedlock, one child i.e., respondent No.2 herein, was born. It is alleged that from the very inception of the marriage, the attitude of respondent No.1 was not good towards the petitioners and she always wanted petitioner No.1 to live separately from his ailing mother, petitioner No.2 herein. It is submitted that efforts were made by the petitioners to settle the differences between them and respondent No.1 and to resume the matrimonial relationship but all these efforts failed compelling petitioner No.1 to divorce respondent No.1 in terms of deed of divorce dtd. 23/8/2021.

(3.) It is submitted that as a reaction to the aforesaid act of petitioner No.1, respondent No.1 filed an application under DV Act before Special Mobile Magistrate (13th Finance), Srinagar, on 24/8/2021 against the petitioners. The petitioners appeared before the said Court in the said application and learned Magistrate started exploring the possibility of a negotiated settlement between the parties. It is alleged that in the last week of October, 2021, respondent No.1 along with her relatives came to the house of the petitioners and assaulted them and they were thrown out forcibly from their home. The petitioners are stated to have approached the police but the police did not take any action in the matter.