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High CourtsSingle Bench(2020) 10 J&K CK 0030

Mohammad Saleem And Others vs Mahira Saleem

Jammu And Kashmir High Court · Decided on 15 October 2020

HON’BLE JUDGES
Sanjay Dhar, J
CASE NUMBER
Criminal Main (M) No. 323 Of 2020, Criminal Miscellaneous No. 1182, 1183, 1184 Of 2020

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Judgment

10 paragraphs · 353 words

Sanjay Dhar, J

CrlM No. 1183/2020:

Instant application seeking extension of time for annexing/depositing the requisite court fee with the writ petition, in view of the grounds urged therein, is allowed., The petitioner shall deposit the requisites court fee with the Registry of this Court within a period of one week from the date of announcement of lifting of lockdown on account of Covid-19 by the Government.

CrlM disposed of.

CRM (M) No. 323/2020:

1.

Through the medium of the instant petition, petitioners have challenged the proceedings initiated by the Judicial Magistrate 1st Class (Sub Registrar) Jammu against them under Protection of Women from Domestic Violence Act.

2.

It is contended by the petitioners that there are no allegations in the complaint filed by the respondent against the petitioners No. 2 to 7 and as such, the order dated 09.07.2020 of the learned Magistrate whereby process has been issued against the petitioners and they have been ordered not to commit any act of violence against the respondent herein, has been passed in a mechanical manner. It has been further contended by the learned counsel that the respondent has already filed a petition under Section 125 Cr.PC before the court of Special Mobile Magistrate/Passenger Tax, Srinagar and vide order dated 27.07.2020 passed by said court, an amount of Rs. 10,000/- per month has been awarded as monthly maintenance in favour of the respondent.

3.

Having regard to the submissions made by the learned counsel for the petitioners and the documents placed on record, there appears to be a prima facie case for grant of interim indulgence in favour of the petitioners.

4.

Issue notice to the respondent through Station House Officer of the concerned Police Station. In the meantime, till next date of hearing, the order dated 09.07.2020 passed by the Judicial Magistrate 1st Class (Sub Registrar), Jammu to the extent of petitioners No. 2 to 7 only shall remain stayed. It is further directed that instead of paying Rs. 6000/- per month as maintenance, the petitioners shall pay 50% i.e. Rs. 3000/- per month to the respondent.

5.

List on 26th November, 2020.