Soffiya Mudasir vs Khurshid Ahmad Bhat
2025 Latest Caselaw 21 J&K/2

Jammu & Kashmir High Court - Srinagar Bench

Soffiya Mudasir vs Khurshid Ahmad Bhat on 5 May, 2025

Author: Sanjay Dhar

Bench: Sanjay Dhar

                                                 04
                                                 Regular

      HIGH COURT OF JAMMU & KASHMIR AND LADAKH
                  AT SRINAGAR
                                     FAO(MAT) 7/2025
                                     CM No. 2531/2025
                                       Caveat 803/2025

Soffiya Mudasir
                                                      ..... Petitioner (s)

                        Through: Mr. Z A Shah, Sr. Adv.
                                 with Mr. I Sofi, Adv.

                     V/s

Khurshid Ahmad Bhat
                                                ..... Respondent(s)
                        Through:     Mr. Arfat Rashid Lone, Adv.
Coram:
            Hon'ble Mr. Justice Sanjay Dhar, Judge

                                  ORDER

05.05.2025

With the appearance of Mr. Arfat Rashid Lone, Adv., caveat as

lodged shall stand discharged.

FAO(MAT) No. 7/2025:

Issue notice to the respondent.

Mr. Arfat Ahmad Lone, Adv. enters appearance and accepts notice

on behalf of the respondent.

Learned counsel for the respondent has raised a preliminary

objection with regard to the maintainability of the present appeal on the

ground that the same is barred in terms of Sub Section (2) of Section 19 Page |2 FAO(MAT) 7/2025

of the Family Courts Act. In this regard, learned counsel has relied

upon the Division Bench Judgment of the Allahabad High Court in

case titled Deepak Vs. Smt. Reena reported in 2023:AHC:219268-DB.

Learned Senior Counsel appearing on behalf of the appellant has

submitted that, the bar to file an appeal as contained in Sub Section (2)

of Section 19 of the Family Courts Act, is against the order passed

under Chapter IX of the Code of Civil Procedure, 1973 whereas in the

present case, the proceedings before the learned Family Court were

being held under the provisions of erstwhile Jammu and Kashmir

Criminal Procedure Code, to be precise under Section 488 of the said

Code. Therefore, Sub Section (2) of the Family Courts Act, may not be

attracted to the present case.

The appeal is directed to be listed for hearing on the issue of

maintainability on 19.05.2025.

(Sanjay Dhar) Judge SRINAGAR 05.05.2025 Aasif