CRM (M) No. 623/2025 p. 1 22 Regular IN THE HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT SRINAGAR CrlM No. 1537/2025 In CRM (M) No. 623/2025 CrlM No. 1538/2025 Date of pronouncement: 27.10.2025 Uploaded on : 28.10.2025 Hilal Ahmad Shah ….. Petitioner (s) Through: Ms. Sheeba Rashid, Adv. V/s Parveena Alias Mehak ….. Respondent(s) Through: Coram: Hon’ble Mr. Justice Sanjay Dhar, Judge ORDER (ORAL) 27.10.2025 CrlM No. 1537/2025: For the reasons stated in the application, the same is allowed and the requirement of filing certified copy of order dated 19.09.2025 is dispensed with. CrlM disposed of. CRM(M) No. 623/2025: The petitioner, through the medium of present petition, has challenged order dated 19.09.2025 passed by the learned Principal Judge Family Court, Srinagar whereby in a proceeding under Section CRM (M) No. 623/2025 p. 2 144 of BNSS, the respondent has been awarded interim maintenance of Rs. 5000/- per month from the date of filing of the said application and the interim application has been posted for arguments on 11.10.2025. Heard and considered. It appears that the learned Family Court has, while granting interim maintenance in favour of the petitioner, taken note of the fact that the proceedings in the petition filed by the respondent against the petitioner under Section 12 of Protection of Women from Domestic Violence Act which is pending before Special Mobile Magistrate, Srinagar, have been stayed by this Court, which perhaps persuaded the learned Family Court to award interim maintenance to the tune of Rs. 5000/- per month in favour of the petitioner without actually deciding the interim application finally, even though the petitioner had already filed his objections to the application. However the fact of the matter remains that the proceedings in DV Act case as against the petitioner have not been stayed by this Court. A perusal of the order passed by this Court in CRM(M) No. 414/2024 on 19.07.2024 clearly shows that the proceedings against petitioner No. 2 and 3 therein only have been stayed and proceedings against petitioner No. 1 therein who happens to be the petitioner herein have not been stayed meaning thereby that the order of maintenance passed against CRM (M) No. 623/2025 p. 3 the petitioner in the said proceedings is still in force and in fact, the record of the court of Special Mobile Magistrate, Srinagar which has been summoned by this Court would reveal that the amount of maintenance of Rs. 5000/- per month ordered in the said proceedings is being paid to the respondent. In view of the above, the petition is disposed of with a direction to the learned Family Court, Srinagar to take note of the aforesaid facts before deciding the application for grant of interim maintenance to the respondent on its merits finally. Till such time, the decision on merits is taken by the learned Family Court, order dated 29.09.2025 passed by the said court shall remain in abeyance. Disposed of as above. A copy of this order be sent to court of Principal Judge, Family Court, Srinagar. (Sanjay Dhar) Judge SRINAGAR 27.10.2025 Aasif