SYED ASMA BALKI Vs. MUDASIR SHIBZADA

JUDGEMENT

(1.) The petitioner has challenged order dtd. 13/2/2023, passed by Judicial Magistrate 1st Class (Judge Small Causes) Srinagar, (hereinafter for short 'the trial Magistrate), whereby the learned trial Magistrate has decided application of the petitioner under Sec. 12 of The Protection Of Women From Domestic Violence Act, 2005 (hereinafter referred to as 'the D.V.Act').

(2.) It appears that the petitioner had filed a proceeding under the D.V.Act against the respondent herein and in the said proceeding she also filed application under Sec. 12 of the D.V.Act, seeking interim monetary relief and other reliefs. On 17/8/2022, the learned trial Magistrate passed an ex-parte order directing the respondent herein to provide shelter to the petitioner with at least one bed room, one wash room and space for kitchen in the shared accommodation. Further, direction was passed restraining the respondent from committing the acts of domestic violence against the petitioner.

(3.) It appears that the respondent after passing of the aforesaid ex-parte order appeared before the trial Magistrate and he filed objections to the application filed by the petitioner. The learned trial Magistrate, after hearing the parties, passed the impugned order, whereby, the ex-parte order dtd. 17/8/2022 was modified to the extent that instead of relief relating to shared accommodation, it was directed that the respondent shall arrange the rental accommodation for the petitioner or in alternative provide Rs.10,000.00 per month to the petitioner as rental charges till disposal of the case.