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High Court of Jammu and Kashmir · body

2025 DAILYLAW 6755 (JK)

LATEED AHMAD SHEIKH AND ORS. v. SAIMA JAN

CM(M)/87/2024 · 2025-09-16

Rahul Bharti

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Sr. No. 46 Regular List IN THE HIGH C0URT 0F JAMMU & KASHMIR AND LADAKH AT SRINAGAR CM(M) No. 87/2024 CM No. 1645/2024 Lateef Ahmad Sheikh and Ors. …Petitioner (s) Through: Mr. Ateeb Kanth, Advocate Vs Saima Jan …Respondent(s) Through: CORAM: HON’BLE MR JUSTICE RAHUL BHARTI, JUDGE O R D E R 16.09.2025 01. During the pendency of this case borne out of proceedings initiated by the respondent No. 1 under the Protection of Women from Domestic Violence Act, 2005 before the court of Judicial Magistrate (Munsiff), 1st Class, Tral Pulwama, the respondent No. 1 and the petitioner No. 1, as being wife and husband, have been able to reconcile their marital differences and discord by resumption of conjugal company of each other meaning to live a happy married life not only for the sake of themselves but also for the sake of their daughter and, thus, intend to wind up the litigation so pending between them not only before this court but also before the court below. 02. The petitioner No. 1 and respondent No. 1 are present in person. 03. Mr. Ateeb Kanth, learned counsel for the petitioners also indentifies the respondent No. 1 and submits that he has also put in his efforts to make both the parties understand the betterment of each other by resolving their litigation. 04. This court has also examined the petitioner No. 1 as well as respondent No. 1 in the open court and is convinced that the respondent No. 1 is acting in her free volition and full understanding of the facts and circumstances of the case and is matured enough to cater for her welfare and well being. 05. Otherwise also, an amicable settlement of a married dispute, be it by restitution or by separation, is the essence of law and therefore this court is inclined to dispose of this matter on the basis of the fact that both the petitioner No. 1 and respondent No. 1 are no more in any marital dispute against each other. 06. Accordingly, this petition is disposed of. 07. The petitioner No. 1 and respondent No. 1 both are directed to get their statement recorded before the Judicial Magistrate (Munsiff), 1st Class, Tral Pulwama where domestic violence proceedings under the Protection of Women from Domestic Violence Act, 2005 are pending so as to bring the said litigation also to an end. 08. Disposed of. 09. A copy of this order be provided by petitioner No. 1 as well as respondent No. 1 to court of Judicial Magistrate (Munsiff), 1st Class, Tral Pulwama for being taken on record. (RAHUL BHARTI) JUDGE SRINAGAR 16.09.2025 “Shamim Dar”