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Judgment
Rahul Bharti, J
The petitioner no. 1 is the wife of respondent no. 1.
The matrimonial equation between the petitioner no. 1 and respondent no. 1 seems to have fallen into discord, which resulted in initiation of proceedings by the petitioner no. 1against the respondent no. 1 and his family members under the provision of Protection of Women from Domestic Violence Act, 2005 before the Court of Sub-Registrar, Judicial Magistrate, 1st Class, Srinagar in which vide an order dated 06.06.2023 a direction for accommodation of the petitioner no. 1 along-with her children came to be passed which resulted in the petitioner getting accommodated in one room accommodation in the purported shared household.
Later, the Court of Sub-Registrar, Judicial Magistrate, 1st Class, Srinagar by virtue of final order dated 09.10.2023 came to revise the direction with respect to accommodation of the petitioner in the shared household and directing the respondent no. 1 to provide rental accommodation of two rooms, kitchen and bathroom in favour of the petitioner and her children within a period of one month.
This revisions of direction with respect to residential stay of the petitioner along-with her children came to be challenged by the petitioner before the Court of 4th Additional Sessions (District Judge), Srinagar which came to uphold the order dated 09.10.2023 by the Court of Sub-Registrar, Judicial Magistrate, 1st Class, Srinagar.
The appeal of the petitioner no. 1 joined by her minor children came to be negated in terms of judgment dated 19.12.2023 which is now being questioned.
It is submitted by learned counsel for the petitioners that the petitioner along-with her children is still in use and occupation of one room accommodation in the shared household and that the respondent no. 1 has not so far arranged any rental accommodation for her and her children and as such, she has no place to go as on date if ousted from the present residential accommodation in the shared household.
Issue notice to the respondents.
Mr. Surat ShakeelBatkoo, learned Advocate, enters appearance and accepts notice on behalf of respondents 2 to 5. Caveat No. 2715/2023 is hereby discharged.
Notice to go to respondent no. 1, who is husband of the petitioner no. 1.
Petitioner to furnish registered postal cover for service upon respondent no. 1 within a period of 07 days, whereupon Registrar Judicial, Srinagar shall issue notice to the respondent no. 1.
List on 15.04.2024.
Send for the scanned record of the case from the Courts below.
In the meantime, in case if the respondent no. 1 would arrange rental accommodation as directed by the Court of Sub-Registrar, Judicial Magistrate, 1st Class, Srinagar, then let the said rental accommodation be first apprised to this Court for passing further order with respect to shifting of petitioner along with her children to the rental accommodation.