Serial No. 3
HIGH COURT OF JAMMU & KASHMIR AND LADAKH
AT JAMMU
CM(M) No. 221/2024
CM No. 5592/2024
Zahir Abas and others
…..Appellant(s)/Petitioner(s)
Through: Mr. Haroon Rashid Qureshi, Advocate.
vs
Shazia Begum and others
.…. Respondent(s)
Through: None.
Coram: RAJNESH OSWAL, JUDGE
HON’BLE MR. JUSTICE
ORDER
30.09.2024
ORAL
1. The petitioners have invoked the supervisory jurisdiction of this Court
vested under Article 227 of the Constitution of the India for the
purpose of assailing the proceedings in the application filed by the
respondents under Section 12 of Protection of Women from Domestic
Shazia Begum and others Vs.
Violence Act (for short the Act) titled “
Zaheer Abbas and others pending before the court of learned Judicial
”
st
Magistrate 1 Class, Mendhar. Simultaneously, the petitioners have
also impugned the order dated 02.08.2024 by virtue of which, the
petitioner No. 1 has been directed to pay interim maintenance to the
tune of Rs. 5,000/- each to the respondents. The order impugned in
this petition is an ex parte interim order.
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CM No. 5592/2024
2. It is contended by learned counsel for the petitioners that the petitioner
Nos. 2 to 6 have been unnecessarily arrayed as respondents in the
application filed by the respondents under Section 12 of the Act.
3. The petitioners have a remedy of approaching the court of learned
st
Judicial Magistrate 1 Class, Mendhar to demonstrate that the
petitioner Nos. 2 to 6 have been unnecessarily arrayed as respondents
in the application filed by the respondents i.e. applicants in the
application filed by them before the court of learned Judicial
st
Magistrate 1 Class, Mendhar.
4. In view of this, the present petition is disposed of by directing the
petitioners to raise all the issues raised by them in the present petition
st
before the court of learned Judicial Magistrate 1 Class, Mendhar and
in the event the petitioners approach the concerned court by submitting
their response to the application filed by the respondents, the court of
st
learned Judicial Magistrate 1 Class, Mendhar shall proceed in
accordance with law.
5. At this Stage, learned counsel for the petitioners submits that the
petitioner No. 1 is not a teacher by profession, whereas in the order
impugned before this Court, it has been mentioned that the petitioner
No. 1 is a teacher.
6. The petitioner No. 1 can take this plea in his reply to the application
filed by the respondents by submitting before the court of learned
st
Judicial Magistrate 1 Class, Mendhar that he is not a teacher by
profession.
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CM No. 5592/2024
7. It is made clear that in the event the petitioners herein file their
response on the next date of hearing before the court of learned
st
Judicial Magistrate 1 Class, Mendhar, the learned Magistrate shall
endeavour to dispose of the application as expeditiously as possible in
accordance with the mandate of Protection of Women from Domestic
Violence Act, 2005.
8. Disposed of.
(RAJNESH OSWAL)
JUDGE
Jammu
30.09.2024
Sahil Padha
Whether the order is speaking: Yes/No.
Whether the order is reportable: Yes/No.
Sahil Padha
2024.10.03 12:37
I attest to the accuracy and
integrity of this document