REGULAR CAUSE LIST CRM(M) No. 350 of 2025 · High Court of Jammu & Kashmir and Ladakh
Case at a glance
Outcome
Disposed of
petitioner, the present petition is disposed of by providing that in the
Provisions considered
Key paragraphs
- Para 55. Having regard to the submissions made by learned counsel for the petitioner, the present petition is disposed of by providing that in the event petitioner herein approaches the Court of JMIC, Srinagar, with an application, the said court shall consider and decide it strictly…
Judgment
Through: Ms. Iyenain Tasaduq, Advocate Vs. Kounsar Jan Through: ...Respondent(s) CORAM: HON’BLE MR JUSTICE VINOD CHATTERJI KOUL, JUDGE
O R D E R 07.07.2025
The case set up by the petitioner is that on the filing of application by respondent herein under Section 23 of Protection of Women from Domestic Violence Act, 2005, before the Court of 2nd Additional Munsiff (JMIC), Srinagar, the JMIC vide order dated 18.12.2023 directed the petitioner herein to pay interim maintenance of Rs.8000/- to respondent herein and also provide her shared household which would be used by respondent herein till final disposal of the main case with a further stipulation that CDPO concerned with aid and assistance of SHO concerned would provide protection to the respondent herein whenever required.
The petitioner herein moved an application for clarification of aforesaid order, which was disposed of vide order dated 20.01.2024 directing the petitioner to either provide a separate accommodation to respondent or to provide her separate rooms in the shared household. Thereafter, the petitioner again moved an application for rectification of order dated
20.01.2024 as the respondent shifted in his house along with her mother and relatives. The Trial Court on 13.02.2025, while rectifying the said order held that it is only respondent entitled to reside in the shared household. 1 CRM(M) No. 350/2025 CrlM No. 834/2025 CrlM No. 835/2025
It is submitted by learned counsel for the petitioner that the respondent is not complying the order dated 13.02.2025, whereby it is only respondent who has been held entitled to reside in the house of petitioner.
Learned counsel for the petitioner after arguing for a while, prays for withdrawal of instant petition with liberty to approach the Court of JMIC with an application for redressal of his grievance.
Operative part
Having regard to the submissions made by learned counsel for the petitioner, the present petition is disposed of by providing that in the event petitioner herein approaches the Court of JMIC, Srinagar, with an application, the said court shall consider and decide it strictly in accordance with law. While doing so, JMIC shall also take into consideration the order whereby only the respondent has been held entitled to reside in the house of petitioner.
Disposed of as above. (VINOD CHATTERJI KOUL) JUDGE SRINAGAR 07.07.2025 Manzoor Manzoor Ul Hassan Dar I attest to the accuracy and authenticity of this document Srinagar 15.07.2025 10:28 2 CRM(M) No. 350/2025 CrlM No. 834/2025 CrlM No. 835/2025
Questions this judgment answers
What did the Court decide in this case?
The Court recorded the following disposition: petitioner, the present petition is disposed of by providing that in the
Which statutory provisions did this judgment involve?
Protection of Women from Domestic Violence Act, 2005 — s. 23.
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.