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. It was further alleged that the respondent was subjected to persistent humiliation, physical, mental economic and emotional abuse by the petitioners. The respondent filed a petition under Section 488 of the Jammu and Kashmir Cr. P. C before Judicial Magistrate, 1st Class (3rd Additional Munsiff), Srinagar, wherein an interim monthly maintenance of Rs.900/- was granted in favour of the minor child and Rs.1200/- in favour of the respondent.

3. On the basis of the aforesaid allegations, the respondent sought compensation, an order to reside in the shared household as also a protection order against the harassment and domestic violence.

4. The petitioners filed objections to the aforesaid complaint of the respondent, in which they alleged that the respondent had filed a criminal complaint for offences under Section 405, 406 RPC against the petitioners and after failing to get the desired result, she filed a petition under Section 488 of the J&K Cr. P. C. It is further contended that during these proceedings, the respondent has herself admitted that she has left the matrimonial house on 07.09.2013 and that petitioner No.1 was at Jammu at the relevant time. It was further contended that the respondent has admitted that cause of action had arisen in her favour in the year 2013 and that she is not living with the petitioners since then and, as such, she is not entitled to invoke the jurisdiction of the trial Magistrate at this stage. It was further contended by the petitioners that petitioner No.1 is earning only a sum of Rs.6000/- per month and, as such, it will be difficult for him to pay the interim monetary maintenance to the respondent.

5. The learned trial Magistrate, after hearing the parties and taking into consideration the pleadings of the parties, passed the impugned order on 13.08.2018 granting the following reliefs in favour of the petitioner:

a) The respondents shall refrain from committing any act (omission or commission) of domestic violence upon the petitioner and her daughter. In case the respondents failed to desist from their transgressions, the Protection Officer shall immediately come to the rescue of the petitioner and even police station cornered will take immediate cognizance of any act of domestic Violence against the petitioner and will act appropriately.

b) The respondents shall readily allow and will not hinder petitioner along-with her daughter in any manner from entering and living in the share house hold, and in the event of failure, respondent No.1 shall provide them an accommodation commensurate to the shared house hold or will pay her Rs.3000/- as monthly rental for hiring an accommodation.

c) The respondent No.1 in view of custody of child with her shall pay monthly maintenance of Rs.3000/- to petitioner in addition to any