Advocates:
['SHOWKAT ALI KHAN', '', 'ABDUL OWAIS PANDIT', 'M A MAKHDOOMI', '', 'T H KHAWJA']

HIGH COURT OF JAMMU & KASHMIR AND LADAKH

AT SRINAGAR

…

CRMC no.34/2019

IA no.01/2019

Reserved on: 09.08.2021

Pronounced on: 25.08.2021

Irshad Ahmad Sofi

…….Petitioner(s)

Through: Mr Abu Owais Pandit, Advocate

Versus

Afshana Shah

……Respondent(s)

Through: Mr T.H.Khawja, Advocate

CORAM:

HON’BLE MR JUSTICE VINOD CHATTERJI KOUL, JUDGE

JUDGEMENT

1. Setting-aside of the Order dated 19^th September 2018, passed by Forest

Magistrate (Judicial Magistrate 1^st Class), Srinagar (for brevity “Trial

Court”) passed in a petition under J&K Protection of Women from

Domestic Violence Act, 2010, as also Order dated 18^th January 2019,

passed by Additional District Judge, Srinagar (for short “Appellate Court”)

in Cross Appeals, on the grounds made mention of therein.

2. I have heard learned counsel for parties and considered the matter.

3. Learned counsel for petitioner states that impugned order of the Trial Court

qua granting interim monthly maintenance of Rs.4,000/- in addition to

maintenance granted to child by the court of Sub-Judge, 13^th Finance, is

bad. It is contended that Trial Court has lost sight of proviso to Subsection

(2) of Section 12 read with S