HAJI HILAL MEHMOOD DAR Vs. WAHEEDA MIR

JUDGEMENT

(1.) The petitioner has challenged the proceedings under the provisions of the J&K Protection of Women from Domestic Violence Act pending against him in the Court of Judicial Magistrate, 1st Class (City Munsiff), Srinagar. The petitioner has also challenged orders dtd. 1/11/2017, 23/1/2017 and 4/7/2016 passed by the learned trial court in the aforesaid proceedings that have been initiated by respondent No.1 against him.

(2.) It emerges from the record that respondent No.1, who happens to be the wife of the petitioner, has filed a petition in terms of the J&K Protection of Women from Domestic Violence Act against the petitioner alleging commission of acts of domestic violence by the petitioner against her. In the complaint filed before the learned trial court, the respondent No.1 has prayed that the petitioner herein be restrained from evicting or dispossessing her from the residential house situated at Khan Colony, Chanapora, Srinagar and he be also restrained from entering into the said house. A further prayer prohibiting the petitioner herein from committing the acts of domestic violence and to handover back the jewellery and other precious items to the petitioner, has also been made.

(3.) It seems that the learned trial Magistrate, after considering the objections filed by the petitioner herein and after hearing the parties, passed order dtd. 4/7/2016, whereby the petitioner has been restrained from dispossessing respondent No.1 from her house bearing No.31-A situated at Chanapora. A further direction has been issued to the petitioner herein not to enter into the said house and not to commit the acts of domestic violence on the respondents. The petitioner has been further asked to restore back the golden ornaments and other valuables to the respondent No.1 within a period of two months and he has also been directed to pay a monthly maintenance of Rs.5000.00 to the respondent No.1.