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JAVED IQBAL WANI
Neelofar Rasool – Appellant
Versus
Imtiyaz Ahmad Ahangar – Respondent
JUDGMENT :
Javed Iqbal Wani, J.
1. The petitioner in the instant petition has implored for the following reliefs:-
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
The Protection of Women from Domestic Violence Act mandates that Protection Officers assist in enforcing court orders and prohibits them from mediating once a case is before a magistrate, highlightin....
An interim order preventing a woman from being dispossessed from a shared household qualifies as a protection order under the Domestic Violence Act, enforceable under Section 31.
Prohibition orders under the Domestic Violence Act must only apply to jointly held or solely owned properties, and orders cannot restrict property not jointly possessed, ensuring jurisdictional limit....
Police protection under the Domestic Violence Act is discretionary and not warranted when the aggrieved party expresses a desire to live independently.
Award of maintenance – It is not mandatory for aggrieved person to have actually lived or resided with those persons against whom allegations have been levelled at the time of seeking relief.
Primary obligation under DV Act to provide residence and maintenance to aggrieved wife lies with husband; in-laws not liable for accommodation in self-acquired property where no shared household exis....
The Domestic Violence Act, 2005 allows for protection orders to be sought without a limitation period, and a domestic relationship is defined broadly to include past cohabitation, regardless of curre....
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