SATISH KUMAR SHARMA Vs. NEHA SHARMA

JUDGEMENT

(1.) The present petition has been filed under Sec. 482 of the Code of Criminal Procedure seeking quashment of application filed by the respondent no.1 herein U/Ss 12 and 23 of the Protection of Women from Domestic Violence Act (for short 'DV Act'), wherein the Court of Learned Judicial Magistrate (Sub Registrar), Jammu (hereinafter referred as 'Trial Court'), vide order dtd. 6/2/2023 ordered the petitioner no.1 herein to pay Rs.5000.00 per month to complainant (respondent no.1 herein) and Rs.2,000.00 to son of complainant (respondent no.2 herein) as interim maintenance which is impugned in the present petition.

(2.) Aggrieved of this order, the petitioners herein filed the instant petition. The impugned order has been challenged on various grounds including the main plea that the impugned application is not maintainable as the Court lacks jurisdiction to entertain it, as provided in Sec. 27 of the Protection of Women from Domestic Violence Act.

(3.) Despite notice to respondents, objections have not been filed. However, learned counsel for the respondents argued at bar that the alternative remedy was available to the petitioners for filing appeal before Session Court but they have not chosen to it, as such, this petition is not maintainable and prayed for its dismissal.