Imtiyaz Ahmad Dar vs Mst. Ruhena

Sanjay Dhar, J

Petitioner has challenged order dated 14.07.2021 passed by Chief Judicial Magistrate Ganderbal in the proceedings filed by the respondents herein under Section 12 of the Jammu and Kashmir Protection of Women from Domestic Violence Act, 2010.

Vide the aforesaid order petitioner herein has been directed to pay Rs.7000/- as interim monthly maintenance to respondent No.1 and Rs.5000/- as interim monthly maintenance to respondent No.2 herein. A further direction has been issued to the petitioner herein not to commit any domestic violence against the respondents herein. The order has been passed in ex-parte and it has been made subject to modification or vacation.

Learned counsel for the petitioner has vehemently argued that the order impugned is not sustainable in law, inasmuch as, the learned Chief Judicial Magistrate has not recorded satisfaction while passing the impugned order nor has the resources of petitioner been taken into account while awarding the interim maintenance.

I have heard learned counsel for the petitioner and perused the record.

The order impugned has been passed in ex-parte and, as already noted, the same is subject to modification/vacation. Learned counsel for the petitioner has submitted that petitioner herein has already filed his objections to the application before the learned Magistrate but the same are not being considered by the learned Magistrate.

Having regard to the fact that the order impugned has been passed in ex-parte and without considering the objections of the petitioner herein, this petition is disposed of with a direction to learned Chief Judicial Magistrate Ganderbal to decide the application of the respondents under Section 12 of the Jammu and Kashmir Protection of Women from Domestic Violence Act, 2010 on its own merits after hearing both the parties within a period of ten days from the date a copy of this order is made available to the learned Magistrate.

The petition stands disposed of.