MOHAN LAL RAINA Vs. INDU RAINA AND ANR

JUDGEMENT

(1.) The respondent No.1 has filed the petition under Sec. 12, 17, 18, 19, 20 & 22 of the Jammu and Kashmir Protection of Women from Domestic Violence Act, 2010 before the court of 2nd Additional Munsiff, Jammu against the petitioner and respondent No.2 herein. Along with the aforementioned petition, an application under Sec. 23 of Protection of Women from Domestic Violence Act, 2010 was also filed. The trial court invited objections and on 21.07.2014 the trial court passed the order, thereby restraining the petitioner herein not to oust the complainant from the residence or alienate the residence, i.e. the house situated at Gole Gujral, Swaran Colony Near Cooperative Store, Trilokpur Road Gole Gujral, Jammu. Concluding para of the impugned order is as under:-

(2.) The petitioner and respondent No.2 herein challenged the order dated 21.07.2014 in appeal before the 1st Additional Sessions Judge, Jammu, who dismissed the same on 16.03.2014. Now the petitioner herein, who is father-in-law of respondent No.1, has challenged the part judgment of the court below by virtue of which he has been restrained from ousting the respondent No. 1 from the house in question.

(3.) The petitioner herein has challenged the order of the court below on the ground that the trial court has exceeded its jurisdiction, since respondents were living in their matrimonial house at Una, Himachal Pradesh after the marriage. That in 2001 the petitioner through a deed of disinheritance, has disinherited both the respondents from his moveable and immovable property including the house in question. The trial court has failed to appreciate the admitted fact. That the trial court has taken upon itself and has passed the impugned order without calling for any domestic incident/report from the protection officer. That the appellate court has also erred in dismissing the appeal. That the respondent No.1 was not residing in the house in question, so there is no question of shared household.