ABDUL ROUF SHAH Vs. ATIQA HASSAN

JUDGEMENT

(1.) The petitioner has challenged order dtd. 1/5/2024 passed by 1st Additional Sessions Judge, Srinagar, whereby in an appeal filed under Sec. 29 of the Protect of Women from Domestic Violence Act (hereinafter referred to as "the DV Act". against order dtd. 1/8/2023 passed by Judicial Magistrate 1st Class (2nd Additional Munsiff), Srinagar, interim monetary compensation in favour of respondents has been enhanced from Rs.15000.00 to Rs.31,000.00 per month.

(2.) It appears that the respondents had filed a petition under Sec. 12 of the DV Act against the petitioner herein claiming several reliefs including the relief of monetary compensation. The marriage between the petitioner and respondent No.1 had taken place on 25/9/2002 and out of this wedlock, two children, respondents No.2 and 3, were born. Respondent No.2 is stated to be aged 19 years whereas respondent No.2 is stated to be aged 11 years. In the petition under Sec. 12 of the DV Act filed by the respondents, it was pleaded that respondent No.1 is studying in 12th standard in DPS, Budgam whereas respondent No.3 is studying in 4th Class in the same school. The respondents in their petition before the learned Trial Magistrate levelled serious allegations against the petitioner by contending that his attitude towards respondent No.1 was inhuman and cruel. A number of instances in this regard have been mentioned in the petition under Sec. 12 of the DV Act.

(3.) The learned Trial Magistrate in terms of ex-parte interim order dtd. 15/4/2022, inter-alia, directed the petitioner/husband to pay monthly monetary compensation of Rs.10,000.00 to respondent No.1 and Rs.5500.00 each to respondents No.2 and 3. After filing of objections by the petitioner, the said order was modified by learned Trial Magistrate in terms of order dtd. 1/8/2023, whereby, inter-alia, the relief of monetary compensation was modified by providing that the petitioner shall pay Rs.5000.00 each to respondents herein, which means that the petitioner was directed to pay monthly monetary compensation of Rs.15000.00 to the respondents.