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2025 DAILYLAW 14875 (JK)

MOHD ISMAIL WANI v. MRS MASARATH GOWASY

CM(M)/558/2025 · 2025-12-17

Sanjay Dhar

body2025

Judgment text

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74 Supplementary IN THE HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT SRINAGAR CM(8452/2025) IN CM(M) 558/2025 CM(8453/2025) Caveat 2840/2025 MOHD ISMAIL WANI ….. Petitioner (s) Through: Ms. Shaila Shameem, Advocate. V/s MRS MASARATH GOWASY ….. Respondent(s) Through: Mr. Parvaiz, Advocate. Coram: Hon’ble Mr. Justice Sanjay Dhar, Judge ORDER 17.12.2025 The petitioner, through the medium of present petition has challenged order dated 28.10.2025 passed by the learned Judicial Magistrate 1st Class, Anantnag in exercise of powers under Section 23 of the Protection of Women Domestic Violence Act (for short “DV Act”). The aforesaid order is appealable in nature in terms of Section 29 of DV Act before the court of Sessions. Without availing the remedy of appeal, the petitioner has, knocked the doors of this Court by invoking its jurisdiction under Article 227 of the Constitution of India. It is a settled law that High Court does not normally entertain a petition under Article 227 of the Constitution of India in case where a litigant has an alternate and efficacious remedy available to him. In this view of the matter, this Court refuses to entertain the present petition. The petitioner is left free to assail the impugned order by way of appeal before the concerned Sessions Court. Disposed of as above. (Sanjay Dhar) Judge SRINAGAR 17.12.2025 Aasif