S. No. 57

Before Notice Matters

HIGH COURT OF JAMMU &KASHMIR AND LADAKH

AT SRINAGAR

CRM(M) No. 347/2022

CrlM No. 1017/2022

Ashiq Rasool Tantray and anr.

…..Petitioner(s)

Through:

Mr. S. S. Rizvi, Adv.

V/s

Zahida Begum

….. Respondent(s)

Through:

CORAM:

Hon’ble Mr. Justice Sanjay Dhar, Judge.

ORDER

23.08.2022

The petitioner has invoked jurisdiction of this court under Section 482 of

the Cr. PC challenging order dated 24.12.2021 passed by the Judicial Magistrate

1^st Class, Kangan whereby the learned Magistrate, while disposing of the petition

of the respondent under Section 12 of the Protection of Women from Domestic

Violence Act, 2005 (hereinafter called as DV Act) directed the petitioner to pay a

monthly compensation of Rs. 3000/- per month to his wife/respondent herein.

It has been contended by learned counsel for the petitioner that the

impugned order passed by the learned Magistrate is without jurisdiction inasmuch

as the respondent was residing at Ganderbal which is located outside the local

limits of the jurisdiction of the court below. It is also submitted that the learned

Magistrate while passing the impugned order has not followed procedure as

prescribed under the law.

Heard and considered.

The order passed by the learned Magistrate under Section 12 of the DV Act

is appealable in terms of Section 29 of the said Act. It is a settled law that the High

Court would be reluctant to exercise its jurisdiction under Section 482 of the

Cr. PC, where the statutory, alternative remedy is available to a litigant. In the

instant case, the petitioner instead of filing the appeal against the impugned order

in terms of Section 29 of the DV Act has invoked jurisdiction of this Court under

Section 482 of Cr. PC. The petition as such is not maintainable and the same is

dismissed leaving it open to the petitioner to avail the remedy of appeal.

(Sanjay Dhar)

Judge

SRINAGAR

23.08.2022

“Aasif