HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT JAMMU CM(M) No.95/2024 CM No.2577/2024 c/w Caveat No.333/2024 Afaq Parvaiz ….Petitioner/Appellant(s) Through :- Mr. Vikram Sharma, Sr. Advocate with Mr. Sachin Dev Singh, Advocate. V/s Shabnam Kouser & Ors. ….Respondent(s) Through :- Mr. Achal Sharma, Advocate. Coram: HON’BLE MR. JUSTICE RAJESH SEKHRI, JUDGE ORDER 12.03.2025 01. Petitioner is aggrieved of order dated 22.02.2024, passed by learned Principal District & Sessions Judge, Rajouri (‘the appellate Court’), in case titled ‘Afaq Parvaiz V. Shabnum Kouser & Ors.’ (File No.17/appeal), vide which order dated 29.11.2023 passed by learned Sub-Judge Special Mobile Magistrate, Rajouri (‘the trial Court’) under Sections 19 & 23 of Protection of Women from Domestic Violence Act, 2005 came to be affirmed, primarily on the ground that the impugned order is against the mandate of law, laid down by Hon’ble Supreme Court, in case titled ‘Rajnesh V/s Neha and Anr.’; reported as AIR 2021 SC 569, that filing of assets and liabilities affidavit is a condition precedent. 02. Mr. Achal Sharma, learned counsel for the respondents has fairly admitted the legal position and is not averse to the setting aside of the impugned order, provided learned trial Court is directed to dispose of the application of Sr. No.102 2 interim maintenance, preferred by the respondents within a time frame. Learned counsel for the petitioner also submits that he has already filed his affidavit of assets and liabilities in the trial Court. 03. In view of the above, the present petition is allowed the impugned order is set aside. Petitioner shall be at liberty to file his affidavit of assets and liabilities and learned trial Court is directed to dispose of the application, preferred by the respondents for interim maintenance with expedition, preferably within a period of four weeks from the date a copy of this order is made available. 04. Disposed of. (Rajesh Sekhri) Judge JAMMU 12.03.2025 Eva