The status of divorce must be established in civil court; until then, obligations under the Domestic Violence Act remain enforceable.

 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 also claimed by the petitioner that, respondent No.1 has filed the petition after a lapse of six years of divorce and that she did not agitate the issue before any court or forum during all these six years. The petitioner in his reply denied the acts of domestic violence and cruelty alleged to have been perpetrated by him upon the respondents.

3. The learned trial Magistrate, after recording statements of witnesses produced by both the parties, decided the petition in terms of order dated 05.02.2024, which has also been impugned in this petition.

In terms of the said order, the learned trial Magistrate found the respondents entitled to the following reliefs:

i) Respondents/Non-Applicants shall not commit, or aid, or abet any kind of Domestic Violence against the petitioner/aggrieved person.

ii) Respondent no.1 is hereby directed to pay maintenance of Rs. 10,000/- (Ten Thousand Rupees) to petitioner no. 1, Rs. 8,000/- (Eight Thousand Rupees) to petitioner no. 2, and Rs. 8,000/- (Eight Thousand Rupees) to petitioner no.3 i.e. in total Rs. 26,000/- (Twenty-Six Thousand Rupees) per month from the date of passing of this judgment. The maintenance amount awarded shall be enhanced @ 5% after every two successive calendar years. Any arrears pertaining to the interim application in the petition, which remained unsatisfied during the course of proceedings, shall be liquidated within a period of one (01) month from the date of pronouncement of this judgment.

iii) Respondent no. 1 is further directed to arrange rental accommodation to the extent of two Rooms, a Kitchen and a Bathroom for the petitioners in the vicinity of her parental home within one month of the pronouncement of this judgment.

4. The aforesaid order came to be challenged by the petitioner by way of an appeal before the learned 4th Additional Sessions Judge, Srinagar, and the said appeal came to be dismissed in terms of impugned order dated 24.06.2024.

5. I have heard learned counsel for the petitioner and perused record of the case.

6. It has been contended by learned counsel for the petitioner that the learned trial court and the appellate court have failed to take note of the fact that respondent No.1 is a divorcee who is in forcible occupation of house of the petitioner. It has been further contended that the learned trial court as well as the learned appellate court have totally ignored the divorce deed that was submitted by the petitioner before the trial court, which had been duly served upon respondent No.1 who has accepted the same.

7. The main thrust of argument of learned counsel for the petitioner for challenging the orders passed by the trial Magistrate as upheld by the learned Sessions Judge is that divorce has taken place between the petitioner and respondent No.1 but this aspect of the matte