NAVEED BASHIR WANI Vs. VARQA BASHIR

JUDGEMENT

(1.) This petition came to be filed by the petitioner under Article 227 of Constitution of India challenging the order dtd. 6/5/2024 passed by the Chief Judicial Magistrate, Ganderbal (for short "Trial Court") as well as the order dtd. 25/2/2025 by the Additional Sessions Judge, Ganderbal (Appellate Court) under Sec. 29 of Protection of Women's from Domestic Violence Act, (for short "D.V.Act").

(2.) The respondents have filed a petition under Sec. 12 of the said DV Act. They alongside that petition also filed an application seeking interim relief. The Trial court passed the order on 6/5/2024. Para 7 to 19 is taken note of:

(3.) The petitioner filed an appeal against the Trial Court order dtd. 6/5/2024, wherein it was submitted that a petition under D.V. Act was filed by respondent no.1 before the Trial court and along with the main petition an application for interim relief was also filed by respondent no.1 and that on the presentation of the petition on 27/6/2022, the trial court passed ex parte order directing appellant to pay monthly maintenance of Rs.12,000.00 to respondent no.1. Thereafter, appellant/petitioner and proforma respondents were put to notice and they appeared in the court and submitted objections to the main petition and same were treated as objections to application for grant of interim relief filed by the applicant therein and the appellant/ petitioner also filed application seeking modification of order dtd. 27/6/2022. Both the applications were decided by the Trial court jointly by an order dtd. 6/5/2024, whereby the order of monthly maintenance of Rs.12,000.00 was confirmed by the Trial court. The petitioner/appellant aggrieved of the order dtd. 6/5/2024 challenged its legality on the following grounds: