LATEEF AHMAD RATHER Vs. SHAFEEQA BHAT

JUDGEMENT

(1.) The petitioners have challenged the proceedings initiated by the respondent against them under the provisions of the Protection of Women from Domestic Violence Act, 2005 (hereafter for short 'the Act'), which are stated to be pending before the Court of 2nd Additional Munsiff/Judicial Magistrate 1st Class Srinagar (hereafter for short 'the trial Magistrate'). Challenge has also been thrown by the petitioners to orders dtd. 8/11/2021 and 24/11/2021 passed by the trial Court, whereby after taking cognizance of the matter, the learned trial Magistrate has directed the petitioner No. 1 herein to pay an amount of Rs.5,000.00 per month as maintenance to the respondent herein and to provide shelter to her in the matrimonial home.

(2.) Learned counsel for the respondent has raised a preliminary objection to the maintainability of the petition on the ground that the impugned order dtd. 8/11/2021 passed by the learned trial Magistrate under Sec. 23 of the Act is appealable in terms of Sec. 29 of the Act. It has been contended by the learned counsel that in the presence of an alternative efficacious remedy available to the petitioners, it is not open to them to invoke jurisdiction of this Court under Sec. 482 Cr.P.C.

(3.) I have heard learned counsel for the parties and perused the material on record.