DR. BABAR MAQBOOL ZARGAR Vs. NAUSHIN FATIMA

JUDGEMENT

(1.) The petitioners have assailed order dtd. 23/11/2021 passed under Sec. 23 of the Protection of Women against Domestic Violence Act by the learned City Judge(JMIC), Jammu(hereinafter to be referred as the trial court), whereby the petitioners were summoned to answer the application filed by the respondent.

(2.) Mr. S. S. Ahmed, learned counsel for the petitioners submits that the learned trial court has passed the order impugned under the provisions of the Protection of Women against Domestic Violence Act of 2010 that was not in existence at the time, when the said order was passed by the learned trial court. He further submits that on this ground only, the order impugned is required to be quashed.

(3.) On the contrary, Mr. Jasbir Singh Jasrotia, learned counsel for the respondent submits that the respondent had filed an application under the provisions of Protection of Women from Domestic Violence Act, 2005 as was/is applicable in the Union Territory of Jammu and Kashmir but learned trial court has erroneously in the title of the order impugned as referred to the provisions of the repealed Act, 2010.