The entitlement to relief under the Domestic Violence Act, particularly the right to reside in the shared household, is dependent on the existence of a domestic relationship, and divorce may impact this entitlement.

Sanjay Kumar Gupta, J.

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.

4. The appellants (petitioners herein) filed an appeal against the order 29th September, 2015, whereby they were directed by the Trial Court to pay monthly maintenance to the tune of Rs. 2500/-. However, the appeal was dismissed by the Principal Sessions Judge, Jammu, holding that the judicial proprietor demands that the appellants should appear before the Trial Court, file the objections and raise all the pleas and grounds taken in the appeal. Accordingly, the appellants (petitioners herein) were granted liberty by the Appellate Court, i.e. Principal Sessions Court, Jammu to raise all the grounds of appeal in their objections.

5. In view of the judgment passed in the case titled, "Shamim Ara v. State of UP, AIR 2002 SC 3551", the Trial Court allowed the petition filed by the respondent (wife). The petitioners again filed an appeal before the learned Additional Sessions Judge, Jammu against the order dated 01st March, 2016 passed by the 2nd Additional Munsiff (JMIC), Jammu. The petitioners herein have prayed for dismissal of the complaint filed by the respondent before the Trial Court on the ground that the petitioner No. 1 had divorced his wife (respondent herein) by a written document prior to the date of filing of the complaint under the Domestic Violence Act.

6. It has been further submitted before the Trial Court that the Divorce Deed was executed by the petitioner No. 1 on 07th September, 2015 in presence of two witnesses, as required under law and the copy thereof was posted by the petitioners to the respondent is attached with the objections filed by him before the Trial Court. The same was sent to the respondent through registered post and she received the same. The complaint was filed by the respondent before the Trial Court under the aforesaid Act on 29th September, 2015. The petitioners in t