Sardul Singh And Another vs Davinder Kour
2024 Latest Caselaw 4 j&K

Jammu & Kashmir High Court

Sardul Singh And Another vs Davinder Kour on 12 January, 2024

Author: Wasim Sadiq Nargal

Bench: Wasim Sadiq Nargal

                                                                     Sr. No. 4

     HIGH COURT OF JAMMU & KASHMIR AND LADAKH
                     AT JAMMU

                                                           CM(M) No. 11/2024

Sardul Singh and another                             .... Petitioner/Appellant(s)

                         Through:-     Mr. Amandeep Singh, Advocate

                   V/s

Davinder Kour                                                  .....Respondent(s)

                         Through:-

CORAM:HON'BLE MR. JUSTICE WASIM SADIQ NARGAL, JUDGE
                                   ORDER

12.01.2024

1. The only submission which has been advanced by the learned counsel for

the petitioners is that the trial court and the appellate court have not

appreciated the issue projected by the petitioners in proper perspective. It

is submitted that the respondent has already filed the petitionbefore

learned Special Mobile Magistrate, Electricity Jammu and the same was

withdrawn without seeking any liberty to file fresh and yet a fresh

petition has been filed, in which proceedings have been initiated and the

same relief has been sought by the respondent, which was made in the

earlier round of litigation.

2. The further case of the petitioners is that the respondent has not

approached the court below with clean hands and she has suppressed this

material fact of filing earlier petition with same facts and grounds and

praying for similar relief as prayed in present petition.

3. The further case of the petitioner is that there is no domestic relationship

between the petitioner and the respondent since 27.02.2015 and, thus,

there is no fresh cause of action which could be basis for filing the fresh

petition under Protection of Women from Domestic Violence Act,

2005and this aspect of the matter has not been appreciated by the court

below which has resulted in miscarriage of justice to the petitioner. This

aspect of the matter is also corroborated from the bare perusal of an

affidavit filed by the respondent with regard to assets and liabilities

before the court below. Copy of the same although has not been placed

on record but it has been supplied to this Court and taken on record.

4. The petitioner through the medium of the instant petition is seeking

quashment of judgment dated 23.11.2023, passed by the learned Principal

Sessions Judge, Jammu and order dated 10.07.2023 passed by the court

of learned Special Mobile Magistrate, Electricity, Jammu by invoking the

power under Article 227 of the Constitution of India.

5. Heard learned counsel for the petitioners at length and perused the record.

6. Issue notice to the respondent. Steps for the service of respondent within

one week. Subject to petitioner taking steps, Registry to issue notice to

the respondent, returnable within four weeks.

7. List on 14.02.2024.

8. In the meantime, subject to objections from the other side and till next

date of hearing, proceedings before the court of learned Special Mobile

Magistrate, Electricity Jammu, in File bearing CNR No.

JKJM030041772023 titled "Davinder Kour Vs. Gurinder Singh and

others" shall remain stayed.

9. Alteration/modification on laying motion.

(WASIM SADIQ NARGAL) JUDGE

Jammu 12.01.2024 Vishal