Relief not sought in pleadings should not be granted, as it denies the opposing party the chance to contest, potentially leading to injustice.

ORDER :

Cav No. 307/2025

With the appearance of learned counsel for the cavetor, the Caveat stands discharged.

LPA No. 29/2025 in CM(M) No. 21/2025

1. Through the medium of this Letters Patent Appeal, the appellant has challenged the order dated 20.01.2025 passed by a Vacation Bench in CM(M) No. 21/2025 whereby subject to objections, the petitioner-respondent herein was permitted to stay in his own accommodation at the Ground Floor of House No. 188, Sector-1, Channi Himmat, Jammu, subject to an undertaking, to be submitted before the learned Registrar Judicial of this Court to the extent that he would not interfere in the possession of the respondent- appellant herein at the 1st floor of the same house and that the action of the parties in this regard would be monitored through CCTV, which shall be installed by the petitioner- respondent herein before shifting at the ground floor of the said house. The Vacation Bench also directed the respondent-appellant herein not to create any hurdle for the petitioner-respondent herein in the installation of the CCTV prior to his shifting to the ground floor accommodation and that the petitioner-respondent herein shall also clear all the dues payable to the respondent-appellant herein in terms of the impugned order dated 28.11.2024 including the arrears, if any, due and payable to the respondent-appellant herein.

2. Learned counsel for the appellant argued that the respondent had invoked the jurisdiction vested in terms of Article 227 of the Constitution of India with regard to supervisory jurisdiction of this Court to an order dated 28.11.2024 passed by the learned 1^st Additional Sessions Judge, Jammu (“appellate court”) in an appeal titled “Amarjeet Singh Raina Vs. Satbir Kaur” and submits further that the order dated 28.11.2024 passed by the appellate court had been passed in an appeal filed by the respondent herein against the order dated 16.10.2023 passed by the learned Railway Magistrate, Jammu in a Domestic Violence Act petition and that the appellate court, while dismissing the appeal, made it clear that the order of maintenance was reasonable but on lesser side and as such, the order impugned before it was modified directing the payment of the maintenance to the appellant herein to the extent of 30% of the pension received by the respondent herein till disposal of the main case.

3. The grievance of the appellant is that since the order impugned before the learned Single Judge was with regard to the grant of maintenance only and there was no question of passing of the order of shared accommodation and the writ court has, without hearing the appellant and seeking objections from her, though she was on caveat, has passed the impugned order granting the accommodation as well, which was not permissible in the given facts and circumstances of the case and pray that the order impugned be stayed till the matter is finally heard.

4. Learned counsel for the respondent, who is already on caveat, however, has opposed the plea raised by the learned counsel for the appellant and submits that the writ court was within its jurisdiction while exercising the powers under the supervisory jurisdiction to order for providing of accommodation under the scheme of the Domestic Violence Act to an aggrieved party and that the order had been passed in presence of the learned counsel for the appellant herein.

5. She has further argued that the order impugned is subject to objections and the appellant as respondent before the writ court can avail the remedy of filing the reply/objections to the petition and the matter can be decided once the parties file the pleadings and the LPA is not competent to be filed against an ex parte interim order; that even otherwise there is no scope of filing LPA against an order passed by the Court while exercising the jurisdiction under Article 227 of the Constitution of India.

6. Having regard to the pleadings of the parties placed on file and the submissions made by the learned couns