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SANJAY DHAR
Tariq Ahmad Sheikh – Appellant
Versus
Mst. Rohi – Respondent
JUDGMENT :
1. The petitioners have challenged order dated 13th August, 2018, passed by Special Mobile Magistrate (Sub Judge), Srinagar, as also order dated 7th September, 2019, passed by learned 3rd Additional Sessions Judge, Srinagar, whereby the order of the learned Special Mobile Magistrate has been upheld in an appeal.
2. It appears that the respondent had filed a petition under the provisions of the Jammu and Kashmir Protection of Women from Domestic Violence Act, 2010 (hereinafter referred to as the Act of 2010), alleging therein that she is legally wedded wife of petitioner No.1 and that their marriage was solemnized on 18.10.2011. Out of this wedlock, one daughter was born. It was alleged that right from the inception of marriage, the relations between petitioner No.1 and the respondent remained strained as the respondent was subjected to atrocities by petitioner No.1. It was further alleged that petitioner No.1 along with other petitioners started ignoring, thrashing and beating respondent without any rhyme or reason, as petitioner No.1 was having illicit relationship with some other woman. Ultimately, on 06.09.2013, the respondent was thrown out of her matrimonial house.
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 status of divorce must be established in civil court; until then, obligations under the Domestic Violence Act remain enforceable.
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 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 burden of proving the cessation of the relationship lies with the petitioner, and without evidence, it cannot be stated that the relationship has ceased to exist.
An order for maintenance under the Jammu and Kashmir Protection of Women from Domestic Violence Act is not a protection order and must be enforced under the provisions of the J&K Cr.P.C., specificall....
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.
A domestic relationship under the D.V. Act exists even if the parties are not currently living together, provided they have cohabited in the past.
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