ORDER :

1) The petitioner has challenged order dated 14.12.2022 passed by learned Principal Sessions Judge, Kupwara, whereby the appeal filed by the respondent against order dated 07.12.2021 passed by learned Judicial Magistrate 1st Class (Munsiff), in a complaint filed by the petitioner under Section 12 of the Protection of Women from Domestic Violence Act (hereinafter referred to as “the DV Act”), has been allowed and the order of the trial Magistrate has been set aside.

2) Notice of the petition was served upon the respondent but despite service, he did not choose to appear and contest the case.

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

4) It appears that the petitioner, who happens to be the wife of the respondent, filed a petition under Section 12 of the DV Act against her husband (respondent herein) before the Court of Judicial Magistrate 1st Class (Munsiff), Kupwara (hereinafter referred to as “the trial Magistrate”). Along with the said petition, the petitioner also filed an application for grant of interim relief in terms of Section 23 of the DV Act. In the petition filed before the trial Magistrate, the petitioner alleged that she is l