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2022 Supreme(J&K) 706

JAVED IQBAL WANI
Neelofar Rasool – Appellant
Versus
Imtiyaz Ahmad Ahangar – Respondent


Advocates Appeared:
For the Petitioner: Hakim Suhail Ishtiyaq.
For the Respondent: S.F. Qadiri; Mansab Wadoo.

JUDGMENT :

Javed Iqbal Wani, J.

1. The petitioner in the instant petition has implored for the following reliefs:-

    "i. By issuance of an order or direction, direct the respondent No. 1 to comply with the directions issued by the Trial Court vide order dated 16.08.2021.

ii. By issuance of an order or direction, direct the respondent No. 1 to allow the petitioner to reside in her matrimonial home at Shaheen Mohalla, Noorbagh, Srinagar as directed by the Trial Court vide order dated 16.08.2021.

iii. By issuance of an order or direction, direct the respondent Nos. 3 and 4 to ensure that the petitioner is allowed to reside in her matrimonial home at Noorbagh as directed by the Trial Court vide order dated 16.08.2021.

iv. By issuance of an order or direction, direct the respondents to hand over the custody of the minor child namely Umar Imtiyaz to the petitioner".

2. The background facts under the shade and cover of which the reliefs aforesaid have been sought would reveal that a complaint had been filed by the petitioner herein under the provisions of Protection of Women from Domestic Violence Act, 2005 (hereinafter referred to as the, 'Act') against respondent No. 1 (husband) before the Court

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