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.

JUDGMENT :

SINDHU SHARMA, J.

1. The petitioners have assailed the order dated 19.01.2018 passed by the learned City Judge (JMIC), Jammu and the order dated 22.10.2018 passed in appeal by the learned Principal Sessions Judge, Jammu, whereby the order of the learned City Judge (JMIC), Jammu has been upheld. The petitioners in this petition also seek quashing of the complaint as well as proceedings initiated against them under the provisions of Jammu & Kashmir Protection of Women from Domestic Violence Act, 2010.

2. The facts as narrated in the petition are as under:

Petitioner No. 1 was married with respondent-Arti Devi in the year, 2012 in accordance with the Hindu Rites and Customs on 28.10.2012. The relations between the parties were not cordial and differences arose between them, as such, Petitioner No. 1 filed a petition under section 13 of the Hindu Marriage Act for dissolution of marriage in the Court of Principal District Judge, Ramban on 21.04.2014. The respondent-Arti Devi initially appeared in the proceedings before the Court of Principal District Judge, Ramban but subsequently, remained absent and was, accordingly, set ex-parte on 31.01.2015. The petition for dissolution of marriage was decided on 29.05.2015 and the marriage between the parties was dissolved on 29.05.2015, on the grounds of cruelty and desertion by the respondent.

3. The respondent filed an application under the provisions of The Jammu and Kashmir Protection of Women from Domestic Violence Act, 2010 (hereinafter to be referred to as ‘Domestic Violence Act’) against the petitioners i.e. her husband, mother-in-law, three sister-in-laws, two brother-in-laws and aunt of her husband. The allegations leveled against the petitioners were that the life of the respondent was made miserable due to atrocities and cruelty of the petitioners, right from the inception of marriage, it is alleged that the petitioners did not treat her well and also had demanded dowry and had also taken away all the valuable items of the respondent. The allegations against the other relatives of the petitioners are that they also threatened the respondent to do as her husband would ask her to do, otherwise she would have to face the consequences. The mother of her husband was also not happy with the respondent and used to torment her. It was also alleged that Petitioner No. 1 was having illicit relations with some other woman. It is submitted that the respondent was subjected to constant physical, mental, emotional and economic abuse by the petitioners. The respondent, therefore, in her application had sought monetary relief of maintenance, compensation, police protection against harassment as also an order to reside in the shared household.

4. The petitioners filed their objections to the application and submitted that the application is not maintainable since the marriage of Petitioner No. 1 and the respondent/wife has been dissolved by a decree of divorce on 29.05.2015 by the learned Principal District Judge, Ramban. It was submitted that the respondent was neither an aggrieved person nor in domestic relationship with petitioner No. 1 in terms of the Domestic Violence Act, as she had herself left the matrimonial home. It was also submitted that the Domestic Incident Report with the application had been prepared and filed by the respondent and her counsel and, therefore, the same cannot be taken into consideration while initiating any proceedings under the Act.

5. The learned Trial Magistrate, after considering the pleadings of the parties vide order dated 19.01.2018, directed Petitioner No. 1 to pay monthly maintenance to the respondent till the lis is decided. Relevant part of the order reads as under:

“Having heard the rival submissions, gone through the pleadings of the parties and upon appreciation of arguments advanced by the ld. Counsels for the parties, I am constrained to hold that applicant have succeeded in establishing a case of domestic violence against the respondents and thu