Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT SRINAGAR
CM(M) 103/2026 CM(1635/2026).
MAJID NAZIR MIR AND OTHERS.
…Petitioner(s)
Through: Mr. Bilal Ahmad Malla, Advocate.
VERSUS
RAFIYA BEGUM.
…Respondent(s)
Through: None.
CORAM:
HON’BLE MR. JUSTICE WASIM SADIQ NARGAL, JUDGE.
ORDER 07.04.2026
01. After arguing for a while, when the learned counsel for the petitioners was confronted with the maintainability of the instant petition, which is premature, he sought liberty from this Court to adjudicate the matter before the Court where the proceedings have been initiated under Section 12 of the Protection of Women from Domestic Violence Act, 2005, by filing a detailed reply and raising preliminary objections as have been raised in the instant petition.
02. It has also been prayed by the learned counsel for the petitioners that the learned trial court be directed to decide the preliminary objections which are likely to be raised by the petitioners by filing a detailed reply before proceeding further in the matter, expeditiously. 174 Suppl- I
03. Without commenting upon the merits or maintainability of the instant petition at this stage, this Court deems it proper to relegate the petitioners back to the Court where the proceedings have been initiated under Section 12 of the Protection of Women from Domestic Violence Act, 2005, i.e., the learned Chief Judicial Magistrate, Handwara, to decide the preliminary objections which are likely to be raised by the petitioners by filing a detailed reply on the same lines as have been raised herein.
04. The petitioners are directed to file their objections within a period of one week from today, and subject to filing of the same before the said Court, the learned Chief Judicial Magistrate, Handwara shall decide the matter expeditiously after considering the preliminary objections.
05. Accordingly, the writ petition is
disposed of as not maintainable, being premature.
(WASIM SADIQ NARGAL)
JUDGE
SRINAGAR 07.04.2026 Bisma Jan.