Saqib Ahmad Dar vs Sakeena And Anr

Sanjay Dhar, J

The petitioner has challenged complaint filed by the respondents against him under the provisions of the Protection of Women from Domestic Violence Act, 2010 and the order passed thereon by the learned trial Magistrate on 07.07.2021, whereby, the petitioner has been directed to pay an amount of Rs.5000/- per month to respondent No.1 and an amount of Rs.3000/- per month to respondent No.2, besides issuing certain other directions.

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

It appears that respondent No.1, the wife and respondent No.2, the minor son have filed a complaint under the provisions of the Protection of Women from Domestic Violence Act against the petitioner, who happens to be the husband of respondent No.1 and the father of respondent No.2.

In the petition the respondents have alleged commission of various acts of domestic violence by the petitioner against respondent No.1 and the learned trial Magistrate has, after considering the allegations made in the petition, recorded a prima facie satisfaction that respondent No.1 has been subjected to domestic violence by the petitioner. Accordingly, as an interim measure, learned Magistrate has, vide the impugned order, directed the petitioner to pay an amount of Rs.5000/- per month to respondent No.1 and Rs.3000/- per month to respondent No.2. The order impugned is ex parte in nature and is subject to objections from the other side. It also appears that the petitioner herein has filed an application for modification of the aforesaid ex-parte order before the learned trial Magistrate.

In the petition it is contended by the petitioner that, as per the report of the Protection Officer, the allegations of commission of domestic violence by the petitioner against the respondent No.1 are not substantiated. It is further contended that the petitioner earns only Rs.6750/- per month, as such it is beyond his means to pay Rs.8000/-per month to the respondents.

Having regard to the fact that the impugned order passed by the learned trial Magistrate is ex parte in nature and is subject to objections of the other side, the petition can be disposed of at the threshold itself by passing an appropriate direction to learned Magistrate to consider the contentions of the petitioner herein and to decide the question of interim relief on its merits after hearing both the parties.

Accordingly, this petition is disposed of with the direction to the learned Magistrate to decide on merits the question of grant of interim relief to the respondents herein after hearing the petitioner herein and after affording him opportunity to file the pleadings, if he so desires. The needful shall be done by the learned Magistrate within a period of 15 days from the date a copy of this order is brought to his notice.