Extracted from the PDF above. The PDF is authoritative.
Serial No. 21 Regular List
IN THE HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT SRINAGAR
CM(M) No. 08/2025 Shahid Hussain Bhat ….. Appellant/petitioner(s) Through: - Mr. Mir Umar, Advocate
V/S Sahreena Gul
….. Respondent(s) Through: - Mr. Shafqat Nazir, Advocate
CORAM:
HON’BLE MS JUSTICE MOKSHA KHAJURIA KAZMI, JUDGE
(ORDER) 08.09.2025
01. By this petition, petitioner is invoking the supervisory jurisdiction of this Court under Article 227 of the Constitution of India, thereby, challenging the
order dated 03.12.2024, passed by the learned JMIC, Shangus, in a compliant filed by the respondent in terms of Section 12 of the Protection of Women from Domestic Violence Act against the petitioner with a prayer to set aside the same to the extent it directed payment of Rs. 7000/- as rent and alternate accommodation instead of accommodation in shared house hold.
02. It is stated by learned counsel for the petitioner that the learned Magistrate has directed the petitioner to pay monthly maintenance of Rs. 10500/- in total out of which Rs. 3500/- as maintenance and Rs. 7000/- as monthly rent. It is further stated that the respondent has stated in her affidavit of assets and liabilities that she is earning salary of Rs. 5000/- per month from Sunrise Model Institute of Education, Nowgam, whereas the petitioner has monthly income of Rs. 9330/-, as such, he is unable to comply with the order dated 03.12.2024, passed by the learned JMIC, Shangus.
03. Mr. Shafqat Nazir, learned counsel for the respondent has stated that respondent has no objection if the impugned order dated 03.12.2024, is Mohammad Yaseen Dar I attest to the accuracy and authenticity of this document
modified to the extent of providing accommodation to the respondent in the shared household of the petitioner in the shape of one room, kitchen and washroom.
04.
Learned counsel for the petitioner states that he has instructions to state that petitioner would be providing one room, kitchen and washroom to the respondent and would ensure that no further act of domestic violence will take place against the respondent and she would be extended all safety.
05.
Learned counsel for the petitioner states that the respondent shall not insist upon payment of Rs. 7,000/- as monthly rent. Learned counsel for the respondent, Mr. Shafqat Nazir has assured on behalf of the respondent that she would not insist upon payment of rent to the amount of Rs. 7,000/-, provided no act of domestic violence would be repeated in the shared household accommodation upon her.
06. Be that as it may, the instant petition is allowed with the consent of
learned counsel for the parties, thereby order impugned dated 03.12.2024, is modifying the order dated 03.12.2024 to the extent of providing shared household accommodation to the respondent as one room, Kitchen and washroom. Petitioner has also to ensure safety and protection of the respondent from any act of domestic violence, however, liberty is granted to respondent to approach appropriate forum for seeking alternate accommodation in case any domestic violence is repeated, against the respondent.
07.
Disposed of along with connected CM(s).
(MOKSHA KHAJURIA KAZMI)
JUDGE SRINAGAR 08.09.2025
“Mohammad Yasin Dar”
Mohammad Yaseen Dar I attest to the accuracy and authenticity of this document