MOHD. KHAN Vs. SALEEMA BIBI

JUDGEMENT

(1.) 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.20,000.00 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.

(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.