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HIGH COURT OF JAMMU AND KASHMIR
QAZI ASIF HUSSAIN – Appellant
Versus
ARJUMAN MAJEED – Respondent
ORDER :
1. The petitioner has challenged order dated 24.06.2024 passed by learned 4th Additional Sessions Judge, Srinagar, whereby appeal filed by him against order dated 05.02.2024 passed by learned Judicial Magistrate, 1st Class (Sub Registrar), Srinagar (hereinafter referred to as “the trial Magistrate”) has been dismissed and the said order has been upheld.
2. It appears that the respondents filed a petition under Section 12 of the J&K Protection of Women from Domestic Violence Act, 2010 (hereinafter referred to as “the DV Act”) against the petitioner before the trial Magistrate alleging therein that respondent No.1 is the legally wedded wife of the petitioner and out of this wedlock, respondents No.2 and 3 were born. As per the petition filed by the respondents before the learned trial Magistrate, they were subjected to the acts of domestic violence and cruelty by the petitioner. In his reply to the petition before the learned trial Magistrate, the petitioner claimed that matrimonial relation between him and respondent No.1 has come to an end in terms of deed of divorce executed by him on 6th November, 2013 which was duly received and acknowledged by respondent No.6. It was als
Interim monetary compensation under the Protection of Women from Domestic Violence Act is essential for the sustenance of a spouse residing separately, pending trial of allegations.
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.
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.
The burden of proving divorce lies with the party claiming it, and maintenance orders should consider the specific circumstances of the parties involved.
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 main legal point established in the judgment is that maintenance under the DV Act can only be awarded to aggrieved persons and children, and not to unmarried daughters who have attained majority.....
The duty of a husband to maintain his wife and provide alternative accommodation under the Protection of Women from Domestic Violence Act, 2005 is upheld based on evidence of income and living arrang....
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