Dr. Babar Maqbool Zargar & Ors. v. Naushin Fatima
Case at a glance
- Bench
- RAJNESH OSWAL
Provisions considered
Judgment
Through: Mr. S. S. Ahmed, Adv. Through: Mr. J. S. Jasrotia, Adv. .…. Respondent(s) Coram: HON’BLE MR. JUSTICE RAJNESH OSWAL, JUDGE ORDER The petitioners have assailed order dated 23.11.2021 passed under section 23 of the Protection of Women against Domestic Violence Act by the learned City Judge(JMIC), Jammu(hereinafter to be referred as the trial court), whereby the petitioners were summoned to answer the application filed by the respondent. Mr. S. S. Ahmed, learned counsel for the petitioners submits that the learned trial court has passed the order impugned under the provisions of the Protection of Women against Domestic Violence Act of 2010 that was not in existence at the time, when the said order was passed by the learned trial court. He further submits that on this ground only, the order impugned is required to be quashed. On the contrary, Mr. Jasbir Singh Jasrotia, learned counsel for the respondent submits that the respondent had filed an application under the provisions of Protection of Women from Domestic Violence Act, 2005 as was/is applicable in the Union Territory of Jammu and Kashmir but learned trial court 2 CRM(M) No. 20/2022 has erroneously in the title of the order impugned as referred to the provisions of the repealed Act, 2010. A perusal of the record reveals that the respondent had filed an application under section 12 of the Jammu and Kashmir Protection of Women from Domestic Violence Act, 2005 but the learned trial court at the time of passing of order dated 23.11.2021 in the titled has referred the application filed by the respondent to be an application under section 12 of J&K Protection of Women from Domestic Violence Act, 2010. This is a clear mistake on the part of the learned trial court but this Court is of the considered view that act of court should prejudice none and mere mentioning of wrong provision in the title of the order would not have any effect on the merit of the case. In view of this, the learned trial court is directed to rectify order dated
23.11.2021 as if, the same was passed under the provisions of Protection of Women from Domestic Violence Act, 2005. The petition is accordingly, disposed of. (RAJNESH OSWAL) JUDGE Jammu 17.04.2023 Rakesh Whether the order is speaking: Whether the order is reportable: Yes/No Yes/No
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
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