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2026 DAILYLAW 2235 (JK)

YAQOOB AHMAD RATHER v. FAIZA BHAT AND ANOTHER

CRM(M)/251/2026 · 2026-07-21

Sanjay Dhar

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Serial No. 65 Regular Cause List. HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT SRINAGAR ******* CRM(M) 251/2026 CrlM(597/2026) CrlM(652/2026). YAQOOB AHMAD RATHER. …Petitioner (s) Through: Mr. Asrar Fayaz, Advocate. VERSUS FAIZA BHAT AND ANOTHER. Through: …Respondent(s) CORAM: HON’BLE MR. JUSTICE SANJAY DHAR, JUDGE. ORDER 21-07-2026 01. The impugned order has been passed by the learned Trial Magistrate in exercise of powers under Section 23 of the Protection of Women from Domestic Violence Act, 2005 (hereinafter referred to as the "DV Act"), whereby monetary compensation has been granted in favour of the respondents. The order impugned is appealable in terms of Section 29 of the DV Act. 02. It is well settled law that in a case where a litigant has an alternative remedy of appeal, available to him the High Court would ordinarily refrain from entertaining a petition for exercise of its powers under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023. 03. In the present case, I do not find any circumstance that would warrant interference by this Court in exercise of its powers under Section 528 of the BNSS, in view of availability of statutory remedy of appeal to the petitioner. 04. Accordingly, the petition is held to be not maintainable and is, therefore, dismissed, leaving it open to the petitioner to avail the statutory remedy of appeal before the appropriate forum. (Sanjay Dhar) Judge SRINAGAR 21-07-2026 Showkat Khan