Altaf Ahmad Ahangar vs Afshana Sultan on 17 January, 2025

Jammu & Kashmir High Court – Srinagar Bench

Altaf Ahmad Ahangar vs Afshana Sultan on 17 January, 2025

                                                                    Serial No. 3
                                                                     Suppl. List

           IN HIGH COURT OF JAMMU & KASHMIR AND LADAKH
                            AT SRINAGAR

                  CRM(M) No. 41/2025 CrLM No. 66/2025
ALTAF AHMAD AHANGAR                                             ...Petitioner(s)
Through: Mr. Sheikh Umar Farooq, Advocate.
                                      Vs.
AFSHANA SULTAN.                                                ...Respondent(s)
Through:
CORAM:
     HON'BLE MR. JUSTICE MOHD YOUSUF WANI, JUDGE.
                                    ORDER

17.01.2025

1. Issue notice to the respondent in the main petition as well as in the interim

application for filing of reply/objections returnable within a period of four

weeks, subject to taking of steps within a week’s period.

2. Heard the learned counsel for the applicant/petitioner in respect of his

prayer for grant of interim relief and considered his submissions.

3. Learned counsel for the petitioner submitted that the learned trial

Magistrate while taking cognizance on the complaint of the respondent

filed under Section 12 of the Domestic Violence Act committed a grave

illegality as no case of domestic violence as alleged is made out against

the petitioner. He submitted that respondent has not approached before

this Court with clean hands and to substantiate the said fact, the petitioner

filed all the requisite documents along with the objections before the

learned trial Magistrate. That the respondent has failed to specify any

domestic violence incident before the trial Magistrate and instead reports

submitted by the Protection Officer and police concerned clearly depict

that there is no such domestic violence done by the petitioner and the

dispute is actually with regard to gold ornaments.

4. He further submitted that the respondent does not satisfy the requirements

of being an aggrieved person as per the mandate of the Section 12 of the

Domestic Violence Act and as such, the learned trial Magistrate had no

jurisdiction to entertain the application filed by the respondent under

Section 12 of the Domestic Violence Act and to take cognizance therein.

5. The learned counsel for the petitioner prayed for setting aside of the

orders dated 04.05.2024 and 19.12.2024 respectively passed by the

learned trial Magistrate and the appellate court.

6. Perused the interim application which is duly supported with an affidavit.

Also perused the main petition and copies of documents enclosed with the

same as enclosures thereto.

7. No ground in the opinion of the Court appears to be made out at this initial

stage for interfering with the impugned orders which pertain to grant of

interim maintenance to the respondent, the object whereof is to provide

sustenance and prevent destitution, however, the learned trial Magistrate

shall in the course of proceedings on the complaint filed by the respondent

adequately address to the pleadings and documents of the petitioner who

alleges that no case of domestic violence appears to be made out in the

facts and circumstances of the case.

8. List on 24.02.2025.

(MOHD YOUSUF WANI)
JUDGE
SRINAGAR:

17.01.2025
“Ishaq”