Serial No.23 REGULAR CAUSE LIST IN THE HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT SRINAGAR CM(M) 399/2024 CM(6717/2024)

Ashiq Hussain Mir …Petitioner(s)

Through: Mr. Numan Ahmad, Advocate vice Mr. Irfan Hussain, Advocate Vs.

Fareeda Gull ...Respondent(s)

Through: Mr. Irfan Ahmad Mir, Advocate &

Mr. Muntazir Majid, Advocate CORAM:

HON’BLE MR. JUSTICE RAHUL BHARTI, JUDGE

ORDER

28.01.2026

1. The petitioner and respondent admittedly entered into wedlock in April, 2022 so as to become husband and wife, though both of them had previously been married but their respective previous marriages, had resulted in separation, one by death of spouse and the other by divorce.

2. The respondent, reckoning herself to be an aggrieved wife, invoked the provisions of the Protection of Women from Domestic Violence Act, 2005 by filing a petition before the court of District Mobile Magistrate, Anantnag after the respondent had earlier filed a civil suit before the Sub Judge, Anantnag seeking a declaration with consequential relief.

3. The Court of the District Mobile Magistrate, Anantnag, by virtue of an order dated 23.02.2024, has taken cognizance by putting the petitioner as well as other named respondents No. 2 to 5 therein to notice.

4. The petitioner has rushed to this Court with a petition under Article 227 of the Constitution of India, assailing the action on the part of respondent in invoking the jurisdiction under the Protection of Women from Domestic Violence Act, 2005, as also the order of the District Mobile Magistrate, Anantnag.

5. Learned counsel for the respondent comes forth with a submission that as per the judgment of the Hon’ble Supreme Court of India in the case titled , 2024 “Shaurabh Kumar Tripathi Vs. Vidhi Rawal SCC OnLine SC 320 ”, the indulgence of the High Court in terms of inherited powers under Section 482 of the Code of Criminal Procedure, 1973 akin to Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) for quashing proceedings initiated under Section 12 of the Protection of Women from Domestic Violence Act, 2005 has been held to be not maintainable

6. Whether, under the guise of a petition under Article 227 of the Constitution of India, the petitioner can circumvent the import of the judgment of the Hon’ble Supreme Court of India referred above is the issue on which the counsel for the petitioner has to address the submissions.

7. Today, Mr. Irfan Hussain, Advocate is not available and on his behalf Mr. Numan Ahmad, learned proxy counsel for the petitioner seeks adjournment.

8. Adjourned as prayed for.

9. List again on 09.02.2026, with liberty to mention.

10. Interim direction, if any, to continue till next date of hearing.

(RAHUL BHARTI)

JUDGE SRINAGAR “Mir Arif”