MOHAMMAD YOUSUF SHEIKH Vs. MST. SHAHZADA

JUDGEMENT

(1.) The petitioner through the medium of present petition has challenged order dtd. 3/3/2025 passed by the Judicial Magistrate 1st Class, Magam, whereby interim relief in terms of Sec. 23 of the Protection of Women from Domestic Violence Act (hereinafter "the D.V.Act ") has been granted in favour of the respondent who has been held entitled to shared accommodation. In addition to that the petitioner has been prohibited from committing any act of domestic violence against the respondent. The order impugned has been passed in ex-parte and has been made subject to objections of other side.

(2.) The petitioner has challenged the impugned order on the ground that the respondent had earlier filed a similar application against the petitioner in which a compromise was effected by the parties on 15/9/2022, whereby the petitioner, inter-alia, had undertaken to pay monthly maintenance of Rs.10,000.00 to the respondent. The said amount had to be deducted from the salary account of the petitioner. It has been contended that second petition under the provisions of the D.V. Act is not maintainable.

(3.) I have heard learned counsel for the petitioner and perused the material on record.