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| HC dismisses petition challenging interim maintenance | | | Early Times Report
JAMMU, Mar 8: A Single Bench of Jammu and Kashmir High Court has dismissed the petition filed under Section 561-A of Cr. P.C. for quashing of the complaint titled 'Paramjeet Kour Vs S. Jagbir Singh', under Section 12 of the J&K Protection of Women from Domestic Violence Act, 2010, filed by the respondent herein. A complaint came to be registered under Section 12 of the Jammu & Kashmir Protection of Women from Domestic Violence Act,2010. The Court on consideration of the complaint ordered payment of Rs. 7,000/- per month to the applicant/respondent with a further direction to the applicant that he would not create any third party interests in respect of a shared residential H. No. 397, Gobindpura, Airport Road, near Peer Baba Chatta, Jammu and other ancestral property.
The grounds of challenge were that before taking cognizance on the complaint, the Court was required to ensure verification/ counter signature by the protection officer, with a view to ensure the truthfulness of the complaint and, further that no domestic incidence report had ever been filed by the protection officer in the present case, without which the Court could not have passed any order on the complaint.
Justice Dhiraj Singh Thakur after hearing the learned counsel for the parties held that the Magistrate was required to take into consideration the domestic incident report received by him either from the protection officer or the service provider.
Justice Dhiraj Singh Thakur observed that the second ground urged was with regard to the affidavit not being totally compliant with the prescribed format of the affidavit, which was required to be filed in terms of Form-III in the Jammu & Kashmir Protection of Women from Domestic Violence Rules, 2011. The verification of the affidavit is totally in accordance with the rules prescribed.
Justice Dhiraj Singh Thakur dismissed the petition and ruled that the order impugned, cannot not be held to be legally untenable or otherwise contravening any of the statutory provisions of the Jammu & Kashmir Protection of Women from Domestic Violence Act, 2010 or the rules framed thereunder. |
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