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MOHD. AKRAM CHOWDHARY
Nissar Ahmad Malik – Appellant
Versus
Mubeena Farhat – Respondent
JUDGEMENT/ORDER :
1. Respondents herein have filed a complaint against the petitioner under the provisions of the Jammu & Kashmir Protection of Women from Domestic Violence Act, 2010, and the court of learned Judicial Magistrate (Forest Magistrate), Srinagar (hereinafter referred as trial court), vide order dated 12.02.2019 ordered the petitioner herein to pay Rs.4000/- per month to his wife (respondent No.1 herein) and Rs.3000/- each to his minor children (respondents 2 to 4 herein); furthermore, it was ordered to provide one room, kitchen and bathroom in the shared household or in alternative rental accommodation at suitable place; also the petitioner herein was restrained from committing any act of violence upon the respondents herein.
2. Aggrieved of this order, the petitioner herein preferred this petition under Section 561-A J&K Cr.P.C, which is akin to Section 482 Central Cr.P.C, for quashment of the impugned order issued by the trial court. The impugned order has been challenged on many counts including the plea that the petitioner had already divorced his wife on 27.07.2018.
3. Respondents have filed their objections to the petition contending therein that the petitioner had
The main legal point established in the judgment is that when an alternate efficacious remedy is available, the inherent jurisdiction of the court cannot be invoked.
The inherent power of the court is to be used cautiously and sparingly, and when an alternate efficacious remedy is available, the inherent jurisdiction of the court cannot be invoked.
The need for evidence and the applicability of specific legal precedents in determining the maintainability of complaints under the Protection of Women from Domestic Violence Act, 2010.
A divorced woman is entitled to file a petition under the Domestic Violence Act, and the trial court must adjudicate the petition finally to test the authenticity of the allegations.
The court affirmed the right of the respondent to interim maintenance and right of residence under the Domestic Violence Act, emphasizing the legal obligation of the husband and the need for proof of....
The status of divorce must be established in civil court; until then, obligations under the Domestic Violence Act remain enforceable.
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