Back
HIGH COURT OF JAMMU AND KASHMIR
ABDUL QAYOOM MUGLOO – Appellant
Versus
IRFANA AND ORS. – Respondent
ORDER :
1. The petitioner through the medium of present petition has challenged order dated 12.07.2024 passed by learned 4th Additional Sessions Judge, Srinagar in an appeal filed under Section 29 of the Protection of Women from Domestic Violence Act (hereafter for short “the D.V.Act ”) against order dated 13.12.2023 passed by learned Judicial Magistrate 1 st Class (2nd Additional Munsiff) Srinagar (for short “the trial Magistrate).
2. Issue notice to the respondents. Ms. Zeenat Nazir, Advocate accepts notice on behalf of the respondents.
3. Heard and considered.
4. It appears that the respondents filed a petition under Section 12 of the D.V.Act against the petitioner and his brother, before the learned Page 2 of 5 trial Magistrate. It was pleaded in the said petition that respondent No.1 entered into wedlock with the petitioner in the year 2002 and out of the said wedlock two daughters respondent Nos.2 and 3 were born. It was further pleaded that in the year 2005, the petitioner had pronounced divorce upon respondent No.1, whereafter upon reconciliation respondent No.1 again entered into wedlock with the petitioner in the year 2011. According to the respondents the petitioner started
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.
Abuse of process of law in filing multiple petitions under section 12 of the DV Act on the same cause of action and the jurisdiction of the Magistrate to revoke orders and drop proceedings.
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.
The jurisdiction of the Magistrate under the D.V. Act is determined by the residence of the aggrieved person, which must be established at trial, and proceedings are not strictly criminal, allowing f....
The court emphasized that a compromise settlement does not erase the domestic relationship, particularly when the divorce is disputed, and reinstated the interim maintenance awarded to the petitioner....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
