TARIQ WALI Vs. BENISH AIJAZ

JUDGEMENT

(1.) The petitioner, through the medium of present petition, has challenged award dtd. 17/4/2021 passed by the Lok Adalat, as also order dtd. 27/6/2024 passed in execution petition bearing No.45 of 2023, which is stated to be pending before the Court of Chief Judicial Magistrate, Shopian.

(2.) According to the petitioner, respondent No.1 happens to be his wife whereas respondent No.2 happens to be his minor daughter. It has been submitted that due to matrimonial discord between petitioner and respondent No.1, the respondents filed a petition under Sec. 12 of Protection of Women from Domestic Violence Act (hereinafter referred to as "the DV Act") as also a petition under Sec. 125 of the Cr. P. C., besides lodging police cases against the petitioner. During pendency of the aforesaid proceedings, a compromise was arrived at between the parties before the Lok Adalat and on the basis of said compromise, an award came to be passed by the Lok Adalat on 17/4/2021. The terms of the compromise are reproduced as under:

(3.) According to the petitioner, initially respondent No.1 resumed her matrimonial ties with him pursuant to the aforesaid compromise but she left his company along with her minor daughter in the month of March, 2022. It has been submitted that thereafter respondent No.1 filed another petition under Sec. 12 of the DV Act and a petition under Sec. 125 of the Cr. P. C before the learned Additional Mobile Magistrate, Shopian. In the petition under Sec. 12 of the DV Act, the petitioner was directed to make a monthly payment of Rs.25,000.00 to the respondents whereas in the petition under Sec. 125 of the Cr. P. C, he was directed to pay a monthly maintenance of Rs.20,000.00 to the respondents. Initially, these cases are stated to have been transferred to the Court of Chief Judicial Magistrate, Srinagar, whereafter the petition under Sec. 125 of the Cr. P. C has been assigned to the 4th Additional Sessions Judge/Family Court, Srinagar, and the same is pending disposal before the said Court.