CRMC No. 295/2018

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HIGH COURT OF JAMMU AND KASHMIR

AT SRINAGAR

CRMC No. 295/2018

IA No. 02/2018

IA No. 01/2018

Date of Order: 05.04.2019

Feroz Ahmad Khanday

Vs.

Sheeraza Bano

Coram:

Hon’ble Mr Justice Rashid Ali Dar, Judge

Appearance:

For petitioner(s):

Mr. Rizwan-ul-Zaman, Advocate

For respondent(s):

Mr. Saqib Amin Parray, Advocate

i/

Whether to be reported in

Yes/No

Press/Media?

ii/

Whether to be reported in

Yes/No

Digest/Journal?

1.

By the medium of this petition, filed under Section 561_A Cr. PC, the

petitioner has sought indulgence of this Court for quashing the Order dated

16.07.2018, passed by the learned Principal Sessions Judge, Anantnag and

the Order dated 21.11.2017, passed by the learned Chief Judicial

Magistrate, Anantnag.

2.

The facts, as come to fore from the perusal of the petition are that:-

(i)

The respondent is legally wedded wife of the petitioner and the marital

relationship of the parties is for last many years. The petitioner

throughout his matrimonial relationship with the respondent has

treated the respondent with respect, love and affection, but

unfortunately the respondent has not reciprocated. However, the

petitioner tried is best to make the matrimonial relationship smooth

and cordial. As a result the parties have been blessed with two

children. That unfortunately since the inception of marriage, the

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respondent has been continuously indifferent and callous towards the

matrimonial relationship.

(ii)

The respondent has deserted the matrimonial abode and has forcibly

taken custody of the minor children by filing frivolous application

under Section 100 Cr. PC. The behaviour of the respondent towards

the parents of petitioner have all along been of disrespect and disdain

and the respondent wanted the petitioner to abandon his parents and

brothers without any reason and justification. However, the petitioner

always adapted a conciliatory approach and tried his best to make the

respondent see the reason. But unfortunately the petitioner failed due

to indifference and stubbornness of the respondent as a result the

matrimonial relationship was strained. Once the respondent without

any reason and justification left the matrimonial home and also

obtained custody of the children through judicial intervention under

section 100 Cr. PC.

(iii)

The respondent filed a false and baseless complaint under Section 12

of the J&K protection of Women from Domestic Violence Act, 2010

(hereinafter referred as the Domestic Violence Act), before the learned

Chef Judicial Magistrate, Anantnag. The application filed by the

respondent abovementioned was allowed in ex-parte by the learned

Chief Judicial Magistrate, Anantnag, vide order dated 21.11.2017,

with the direction to the petitioner to pay an amount of Rs. 8000/- in

favour of the respondent from the date of application as maintenance.

(iv)

The order passed by the learned Chief Judicial Magistrate, Anantnag,

dated 21.11.2017, was challenged by the petitioner before the Court of

learned Principal Sessions Judge, Anantnag, through an appeal in

terms of Section 29 of Domestic Violence Act, on various grounds as

enumerated in the memorandum of appeal. That after hearing the

counsel for the parties, the learned Principal Sessions Judge,

Anantnag, vide order date 16.07.2018 dismissed the appeal filed by the

petitioner and upheld the order passed by the learned Chief Judicial

Magistrate, Anantnag.

3.

Aggrieved by the aforesaid orders passed by the learned Chief Judicial

Magistrate and learned Principal Sessions Judge, Anantnag, the petitioner

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has challenged the same before this Court, inter alia, on the fol