Srinagar, Apr 1: High Court of J&K and Ladakh High Court Friday ruled that the court which passes an order can only execute it.
Abench of Justice Sanjay Dhar made the ruling while dismissing a plea by a woman who had challenged order of an appellate court (Additional Sessions Judge Budgam) whereby it had set aside trial Magistrate (Judicial Magistrate 1st Class Budgam) order directing husband of the woman to deposit monthly monetary relief of Rs 8000 into her account for basic and essential needs as well as her healthcare.
The woman had approached the Judicial Magistrate 1st Class Budgam by making a petition under Section 23 of the Protection of Women from Domestic Violence Act 2005. The trial Magistrate had directed her husband to deposit monthly monetary relief of Rs 8000 into the account for her basic and essential needs as well as her health care.
In an appeal the trial magistirate’s order was challenged by the husband of the woman before the court of Additional Sessions Judge Budgam who set aside the order . A further direction was extended to the Magistrate to decide the application of the woman afresh after hearing both the parties.
The woman had challenged this order before the High Court by filing a petition under Section 482 Cr.P.C
The Court while issuing notice to the husband of the woman stayed the order passed by Additional Sessions Judge Budgam.
Before the High court the applicant woman had sought a direction upon the Principal of a Government Degree College to deduct the monetary relief amounting to Rs 8000 and the pending arrears from the account of her estranged husband and transfer the same into her account.
“ By way of instant application, the petitioner in effect wants this Court to execute the order passed by the learned trial Magistrate. It is averred in the application that the petitioner had approached the trial Magistrate but the learned Magistrate has refused to pass any orders on the said application,” the court said.
Pointing out that the order which is sought to be implemented by the petitioner through the instant petition, the Court said the same has been passed by trial Magistrate and not by it. “Only the Court that has passed the order is competent to execute the order. The instant application filed for implementation of order of the learned Magistrate is, therefore, not maintainable. The same, as such, is dismissed”, Court said.
“It is, however, left open to the petitioner to approach the learned trial Magistrate.”