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HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT JAMMU
SANJAY DHAR
Akshay Jandyal – Appellant
Versus
Uma Kapahi – Respondent
ORDER :
1. The petitioners through the medium of instant writ petition under Article 226 of the Constitution have challenged order dated 24.03.2025 passed by the learned 1st Additional Sessions Judge, Jammu, whereby the learned Sessions Judge has, while exercising his appellate jurisdiction set aside order dated 14.01.2025 passed by the learned Chief Judicial Magistrate(CJM), Jammu in a case tilted, Uma Kapahi Jandyal vs Akshay Jandyal and others.
2. At the very outset, the learned counsel for the petitioners has prayed that the instant petition be treated as one under Article 227 of the Constitution. He has submitted that inadvertently, the petition has been filed under a wrong provision of law.
3. Learned counsel appearing for the respondent, who is on caveat, has contended that the petition cannot be treated as one under Article 227 of the Constitution. He has further contended that the petition in the present form is not maintainable as a judicial order cannot be assailed by filing a petition under Article 226 of the Constitution. It is being contended that on this ground alone, the present petition deserves to be dismissed. Learned counsel for the respondent while referring to th
Judicial orders of civil/criminal courts are not subject to writ jurisdiction under Article 226; appeals can only be made against specific orders as defined in the Domestic Violence Act.
Point of Law : Domestic violence – Challenge to interim orders - No bar in entertaining a petition under Article 227 of the Constitution even in orders passed by criminal courts.
The court ruled that a trial court lacking territorial jurisdiction must return an application under the DV Act for filing in the appropriate court, emphasizing the Act's purpose to ensure justice.
Article 227 cannot be invoked against final orders of the Sessions Court; a revision petition under Section 29 of the DV Act is the proper remedy.
The main legal point established in the judgment is that the existence of an alternative statutory remedy of appeal under sec. 29 of the DV Act, 2005 precludes the exercise of writ jurisdiction, and ....
Judicial orders of civil courts are not amenable to writ jurisdiction under Article 226; challenges must be made via appeal or revision under Article 227.
An interim maintenance order under Section 24 of the Hindu Marriage Act is interlocutory and not appealable under Section 19 of the Family Courts Act; thus, Article 227 is the appropriate remedy.
A civil miscellaneous appeal is not maintainable against orders of a Judicial Magistrate under the Protection of Women from Domestic Violence Act, 2015; appeals must be made under Section 29 of the A....
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