Sardul Singh And Another vs Davinder Kour

Wasim Sadiq Nargal, J

The only submission which has been advanced by the learned counsel for the petitioners is that the trial court and the appellate court have not appreciated the issue projected by the petitioners in proper perspective. It is submitted that the respondent has already filed the petitionbefore learned Special Mobile Magistrate, Electricity Jammu and the same was withdrawn without seeking any liberty to file fresh and yet a fresh petition has been filed, in which proceedings have been initiated and the same relief has been sought by the respondent, which was made in the earlier round of litigation.

The further case of the petitioners is that the respondent has not approached the court below with clean hands and she has suppressed this material fact of filing earlier petition with same facts and grounds and praying for similar relief as prayed in present petition.

The further case of the petitioner is that there is no domestic relationship between the petitioner and the respondent since 27.02.2015 and, thus, there is no fresh cause of action which could be basis for filing the fresh petition under Protection of Women from Domestic Violence Act, 2005and this aspect of the matter has not been appreciated by the court below which has resulted in miscarriage of justice to the petitioner. This aspect of the matter is also corroborated from the bare perusal of an affidavit filed by the respondent with regard to assets and liabilities before the court below. Copy of the same although has not been placed on record but it has been supplied to this Court and taken on record.

The petitioner through the medium of the instant petition is seeking quashment of judgment dated 23.11.2023, passed by the learned Principal Sessions Judge, Jammu and order dated 10.07.2023 passed by the court of learned Special Mobile Magistrate, Electricity, Jammu by invoking the power under Article 227 of the Constitution of India.

Heard learned counsel for the petitioners at length and perused the record.

Issue notice to the respondent. Steps for the service of respondent within one week. Subject to petitioner taking steps, Registry to issue notice to the respondent, returnable within four weeks.

List on 14.02.2024.

In the meantime, subject to objections from the other side and till next date of hearing, proceedings before the court of learned Special Mobile Magistrate, Electricity Jammu, in File bearing CNR No. JKJM030041772023 titled “Davinder Kour Vs. Gurinder Singh and others” shall remain stayed.

Alteration/modification on laying motion.