KHALID AMIN KOHLI Vs. UNION TERRITORY OF J&K

JUDGEMENT

(1.) This is a petition filed under Sec. 482 of Code of Criminal Procedure (for short "the Code") for quashing the order/judgment dtd. 27/8/2020 passed by the learned Principal Sessions Judge, Poonch (hereinafter to be referred as "the appellate court") in appeal, titled, "Khalid Amin Kohli vs Anjum Kasana" and also the order dtd. 31/12/2019 passed by the learned Chief Judicial Magistrate, Poonch (hereinafter to be referred as "the trial court"), whereby the petitioner has been directed to pay sum of Rs.8000.00 each to all the four children from the date of filing of the application under Sec. 23 of The Jammu and Kashmir Protection of Women From Domestic Violence Act, 2010 (for short "the Act of 2010").

(2.) The respondent No.3 filed an application under Sec. 12 of the Act of 2010 and along with the petition, she also filed an application for grant of interim relief. The learned trial court vide its order dtd. 31/12/2019 directed the petitioner to pay sum of Rs.8000.00 each to all the four children from the date of filing of the application under Sec. 23 of the Act of 2010. The petitioner assailed the order passed by the learned trial court through the medium of the appeal under Sec. 29 of the Act of 2010 but the same was dismissed by the learned Appellate Court vide order dtd. 27/8/2020.

(3.) The present petition has been filed by the petitioner for quashing both the orders i.e. the orders of appellate court as well as the trial court, on the ground that two daughters of the petitioner as well as respondent No. 3 are major and third daughter of the petitioner has also attained majority during the pendency of the proceedings under the Act of 2010 pending before the learned trial court. It is also stated that the respondent No. 3 (mother) cannot maintain the petition on behalf of the major daughters.