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2025 DAILYLAW 7213 (JK)

ABDUL RASHID DAR v. FAYAZA BANO

CM(M)/181/2025 · 2025-05-09

Sanjay Dhar

body2025

Judgment text

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104 Supp HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT SRINAGAR CM(M) 181/2025 CM (2761/2025) Abdul Rashid Dar ….. Petitioner (s) Through: Mr. Syed Munazer, Adv. V/s Fayaza Bano. ….. Respondent(s) Through: Coram: Hon’ble Mr. Justice Sanjay Dhar, Judge ORDER 09.05.2025 1. This is a petition filed by the petitioner, invoking supervisory jurisdiction of this Court, under Section 12 of the Protection of Women from Domestic Violence Act (hereinafter referred to as the DV Act) which is stated to be pending before the court of learned Special Mobile Magistrate (PT &E)) Srinagar. 2. Heard and considered. 3. The ground urged by the learned counsel for the petitioner for assailing the impugned proceeding is that, the respondent/applicant in her statement made before the learned trial Magistrate, during the trial of the case, admitted that there is P a g e | 2 CM(M) 181/2025 CM (2761/2025) a land dispute going on between the parties and it is for this reason, she has filed the petition under Section 12 of the DV Act against her husband/petitioner herein. 4. I am afraid this Court in exercise of its supervisory jurisdiction cannot be called upon to appreciate the evidence that is led by the parties before the trial court during the trial of the case. If at all what the learned counsel for the petitioner asserts is correct, the proper course for the petitioner would be to raise all these assertions before the learned trial Magistrate at the appropriate stage during trial of the case. 5. For the foregoing reasons, the petitioner is dismissed with liberty to the petitioner to raise all the grounds urged by him in the present petition before the learned trial Magistrate at the appropriate stage. (Sanjay Dhar) Judge SRINAGAR 09.05.2025 Aasif