JUDGEMENT

1. The present petition has been filed under section 561-A of since repealed J&K Cr.P.C. (akin to Section 482 of Central Cr.P.C.) for quashing the application filed by the respondent herein under section 12 of the Protection of Women from Domestic Violence Act, wherein the Court of Learned Special Mobile Magistrate, Jammu (hereinafter referred as 'Trial Court'), vide order dated 05.10.2018 ordered the petitioner herein to pay Rs. 5000/- per month to complainant (respondent herein) as interim maintenance which is impugned in the present petition.

2. Aggrieved of this order, the petitioner herein filed the instant petition. The impugned order has been challenged on various grounds including the main plea that the impugned application is not maintainable as the Special Mobile Magistrate, Jammu lacks jurisdiction to entertain it as provided in Section 27 of the Protection of Women from Domestic Violence Act and also petitioner had already divorced his wife respondent on 07.08.2018.

3. Despite notice to respondent, objections have not been filed. However, learned counsel for the respondent submits at bar that the alternative remedy was available to the petitioner for filing appea