HIGH COURT OF JAMMU AND KASHMIR AT JAMMU. 561-A No. 62 OF 201.AND Cr M A No.74 OF 201.Mohd. Khan & ors Petitioners Saleema Bibi & ors Respondent !Ms. Rozina Afzal, Advocate ^Ms. Surinder Kour, Sr. Advocate with Ms.Davinder Preet Kour, Advocate Mr. JUSTICE J.
P. SINGH Date:
13. 12.2012 :
: JUDGMENT The Jammu and Kashmir Protection of Women from Domestic Violence Act, 2010 was enacted to provide more effective protection of the rights of women guaranteed to them under the Constitution who were victims of violence of any kind occurring within the family and for matters connected thereto or incidental thereto. Reiterating and explaining the rights of women, who are related by consanguinity, marriage, adoption or as joint family members, Chapter IV of the Act provides procedure for obtaining and making of orders contemplated under the Act. 2 Applications filed under Chapter IV of the Act are required to be disposed of by a Judicial Magistrate empowered to entertain such Applications within a period of sixty days from the date of first hearing taking up the matter after every three (03) days. The scheme of the Act, however, does not provide for punishment to person(s) accused of Domestic Violence. Its purpose, on the other hand, appears providing protection to those suffering from Domestic Violence. Chapter V of the Act, however, contemplates punishment of imprisonment of either description for a term which may extend to one year or with fine which may extend to Rs.20,000/- or with both for those who are found to have committed breach of the Protection Order or any Interim Protection Order, passed during the currency of the proceedings under the Act. The Magistrate empowered to entertain grievance against Domestic Violence may pass such orders after following the procedure prescribed under the Act, which includes opportunity of hearing to the person(s) accused of Domestic Violence. The Court may, if required, formulate its own procedure while dealing with Applications under Sections 12 or 23(2) of the Act. 3 Considering the issues raised by learned counsel for the parties in this Petition, in the backdrop of above indicated legal position, learned Municipal Mobile Magistrate (Ist Civil Subordinate Judge), Jammu, is found to have erred in treating the respondents Application a Complaint and the petitioners accused. Rather than issuing requisite notice to petitioners and hearing them in the matter, in terms of the provisions of the Act, learned Magistrate has unnecessarily protracted the proceedings on respondents Application, in issuing process and warrants against the petitioners as if he was dealing with a Complaint for commission of any offence. Order dated 14.02.2012 passed by him treating the respondents Application as Complaint and finding the petitioners as accused, cannot, therefore, be sustained. Petitioners learned counsels submission that there was no case for initiation of proceedings against the petitioners under the Jammu and Kashmir Protection of Women from Domestic Violence Act, 2010, need not be examined by this Court, in that, similar pleas raised in the objections filed by the petitioners to the respondents Application needs to be 4 considered initially by the Magistrate seized of the Application. Order dated 14.02.2012 of the learned Magistrate issuing process against the petitioner is, accordingly, set aside and he is directed to dispose of respondents Application following the procedure prescribed under Chapter IV of the Act. Learned Magistrate is directed to take up respondents Application for consideration every week, if his Board may not otherwise permit him to take it twice a week, ensuring that proceedings were concluded preferably within two months. Parties through their learned counsel are directed to appear before learned Municipal Mobile Magistrate (Ist Civil Subordinate Judge), Jammu on December 20, 2012. ( J.
P. Singh ) Judge JAMMU: Sunita. 13.12.2012