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2022 Supreme(J&K) 578

SANJAY DHAR
Mohd. Hussain – Appellant
Versus
Shabnam Ara – Respondent


Advocates appeared:
Arshid Pervaiz Malik, Advocate, for the Appellant

JUDGMENT

Sanjay Dhar, J. - The petitioner has challenged the application filed by the respondent against him under Section 12 of the Protection of Women from Domestic Violence Act, 2005 (hereinafter referred to as "the D.V. Act"), which is stated to be pending before the Court of Chief Judicial Magistrate, Rajouri (hereinafter referred to as "the Magistrate").

2. As per the case of the petitioner, he entered into contract of marriage with the respondent and after a few months, she left her matrimonial house along with household articles with the help of other family members and did not return to her matrimonial house. It is submitted that the petitioner has filed a complaint against the respondent, her father and brother and in this regard an FIR stands registered in Police Station, Darhal. According to the petitioner, in order to counter the said FIR, the respondent in connivance with her family members has filed the impugned application under Section 12 of the D.V. Act. An interim order under Section 23 of the D.V. Act came to be passed by the learned Magistrate, whereby the petitioner was directed to pay interim maintenance of Rs. 8000/- per month to the respondent. It has been su

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