The Supreme Court has upheld an order of Srinagar trial court, allowing it to restore the proceedings in a domestic violence complaint filed by a local woman.
The court of judicial magistrate first class (Sub Registrar) Sayeem Qayoom had passed a protection order in favour of Parveena Akthar, prohibiting her in-laws from communicating with her in any manner or entering into the premises of school of her minor daughter. The order was passed after Paveena filed a complaint before the court under the provisions of J&K Domestic Violence Act 2010.
This order was quashed by J&K High Court after her in-laws challenged it.
The Supreme Court bench comprising Justice NV Ramana and Justice Mohan M Shantanagoudar while referring to the facts and circumstances of the case said: “We are of the considered view that the (J&K) High Court should not have quashed the complaint filed by the appellant (Parveena Akther), under Section 12 of Domestic Violence Act and rather should have allowed the concerned trial court to consider the allegations on its own merits, after adducing the evidence by the parties.”
Parveena Akther got married in 2008 and a girl child was born out of the wedlock. She claims to have been deserted by her husband and in-laws and is living in a rented accommodation with her minor girl child. She was diagnosed with cancer and is undergoing treatment.
On 11 January 2017, her father in law filed a complaint for issuance of search warrant, for production of the minor girl child and a Srinagar trial court issued her show cause notice to produce the minor child before the court.
Aggrieved by the same, she filed a revision petition against this order before J&K High Court and a separate complaint for domestic violence before trial court, as she was apprehending forcible dispossession of the custody of her minor girl child by her in-laws.
The court of judicial magistrate first class (Sub Registrar), passed a protection order, prohibiting her in-laws from entering the school of minor girl child or any other place of appellant and her daughter.
Her in-laws were further prohibited from communicating with Parveena in any manner or mode whatsoever and were directed to stay away from the relatives of the appellant.
Being aggrieved by the same, her father in-law approached the High Court by filing a petition praying for quashing this order and also for quashing the entire proceedings initiated by Parveena under the provisions of Domestic Violence Act.
The J&K High Court quashed the proceedings of domestic violence, which was challenged by Parveena before the Supreme Court.
“We set aside the order of the High Court and restore the proceedings filed under Section 12 of D.V. Act at the trial Court, with liberty to both the parties to adduce evidence in the matter. We also make it clear that we have not made any observations on the merits of the case and trial court shall adjudicate the matter independently, without being influenced by dicta of this court,” the Supreme Court said.