SHAHID AHMED WANI AND ANR. Vs. RUBINA AKHTER

JUDGEMENT

(1.) In the instant petition, the petitioners have assailed the order dated 30th April, 2016 passed by the Additional Sessions Judge, Jammu, by which the appeal filed by the petitioners (herein) against the order dated 1st March, 2016 passed by the 2nd Additional Munsiff (JMIC), Jammu under the provisions of Jammu and Kashmir Protection of Women from Domestic violence Act, 2010 (in brevity, the Domestic Violence Act), has been partially allowed and order of JMIC has been partially set aside the order of maintenance and upheld the rest of the order, i.e., household share in the property of the petitioner(husband) is concerned.

(2.) In the instant petition, it has been stated that, the respondent (wife) filed a complaint against the petitioners (herein) under Section 23 of the Domestic Violence Act before the 2nd Additional Munsiff, Jammu and the same was allowed. The Trial Court directed the petitioners (herein) not to injure or endanger the health, safety and well being of the respondent, her minor children and also restrained the petitioners from dispossessing the respondent from 2nd storey of House No. 629. The Trial Court further commanded the petitioners to restore the custody of minor daughter to the respondent and to pay interim maintenance to the tune of Rs. 2500/- (Rupees Two Thousand and Five Hundred) per month along with arrears to the respondent.

(3.) It has been further stated that respondent (herein) filed a Complaint under Section 12 of the Domestic Violence Act and the rules framed thereunder for appropriate directions in terms of Sections 18, 19, 20 and 22, stating inter alia that respondent is the legally wedded wife of the petitioner No. 1. Their marriage was solemnized in the year 2001 in accordance with Shariat-E-Muhammadi at Jammu and they were blessed with two children. They lived for some time in cordial atmosphere and thereafter, the behavior of petitioner No. 1 changed. It is further stated by the respondent that she and her husband, i.e., petitioner No. 1 jointly raised the construction of House No. 629, wherein presently, the respondent along with her minor children were putting up.