[Cites 3, Cited by 0]
Jammu & Kashmir High Court - Srinagar Bench
Sheikh Mushtaq vs Mst. Aurath on 10 February, 2026
Author: Rahul Bharti
Bench: Rahul Bharti
Serial No.176
SUPPL. CAUSE LIST-I
IN THE HIGH COURT OF JAMMU & KASHMIR AND LADAKH
AT SRINAGAR
CM(M) 39/2026 CM(496/2026)
Sheikh Mushtaq ...Petitioner(s)
Through: Mr. Manzoor Ul Haq Wani, Advocate
Vs.
Mst. Aurath ...Respondent(s)
Through:
CORAM:
HON'BLE MR. JUSTICE RAHUL BHARTI, JUDGE
ORDER
10.02.2026
1. Heard Mr. Manzoor Ul Haq Wani, learned
counsel for the petitioner.
2. The respondent-Mst. Aurath Jan joined by her
two and a half year old daughter-Hareem Jan, has
petitioned the Court of Chief Judicial Magistrate,
Srinagar by taking recourse to the provisions of the
Protection of Women from Domestic Violence Act,
2005.
3. In the said complaint, there are two respondents
with respondent No. 1 being Sheikh Mushtaq Ahmad,
the petitioner herein, who has been referred to as the
husband of the respondent No. 1-Mst. Aurath Jan and
father of Hareem Jan (minor daughter).
4. The Court of Chief Judicial Magistrate, Srinagar
by virtue of an order dated 04.03.2025 came to admit
the two complainants to interim relief with a direction
to the petitioner to pay Rs. 3,000/- to complainant No.
1- Mst. Aurath Jan (wife) and Rs. 3,000/- to
complainant No. 2-Hareem Jan (minor daughter), thus
aggregating to Rs. 6,000/- per month till ordered
otherwise or till pendency of the petition, whichever is
earlier.
5. In addition, the petitioner along with his father
Ghulam Mohammad Sheikh, who figured as
respondent No. 2, came to be directed to provide
habitable residential accommodation comprising two
rooms with the facility of bathroom and a separate
entrance in favour of the two complainants at
Kakapora, District Pulwama.
6. This interim relief was admitted to the two
complainants whiling putting the petitioner and his
father, respondent Nos. 1 and 2 to notice, meaning
thereby that the direction was ex parte ad interim in
nature.
7. Aggrieved of the said indulgence of the Court of
Chief Judicial Magistrate, Srinagar, the petitioner
preferred an appeal under Section 29 of the Protection
of Women from Domestic Violence Act, 2005, before
the Court of learned 3rd Additional Sessions Judge,
Srinagar, who by virtue of his order dated 29.12.2025
came to hold the appeal not maintainable, by holding
that the directions in order dated 04.03.2025 has been
ad-interim ex-parte maintenance subject to objections
from the other side and, therefore, not appealable.
8. Thus, the petitioner was non-suited by the
Appellate Court of the 3rd Additional Sessions Judge,
Srinagar, against which the petitioner has come
forward with the present petition under Article 227 of
the Constitution of India, thereby seeking supervisory
jurisdiction for examination of the legality and validity
of the orders passed by the Courts below.
9. This Court does not want to compound the
financial distress of the respondent herein by putting
her to notice for appearance and contesting the
present petition and, therefore, disposes of this
petition with a direction to the learned Chief Judicial
Magistrate, Srinagar, to undertake the adjudication of
application for interim relief so made by the
respondent by soliciting reply/objections thereto from
the petitioner's end and then pass a final order with
respect to grant or non-grant of interim relief as
prayed for in the case.
10. Needful exercise be done by or before 31st March,
2026, and till that time the petitioner shall remain
bound by the direction for monetary maintenance as
awarded in favour of the two
respondents/complainants.
11. However, this Court makes it clear that the
dismissal of the appeal of the appellant by the Court of
3rd Additional Sessions Judge, Srinagar, shall not in
any manner be reflective of any observations on the
merits or demerits of the case of either of the parties.
12. Copy of this order be forwarded to the Court of
Chief Judicial Magistrate, Srinagar for the sake of
notice and being taken on record.
13. Disposed of.
(RAHUL BHARTI)
JUDGE
SRINAGAR:
10.02.2026
"Mir Arif"
