Aazim Khan and Another v. Shahreen Nissa
Domestic Violence Act – Interim monetary compensation under Section 23 – Challenge under Article 227 of the Constitution of India
Case brief
What is this about?
CM(M) No. 198/2025 (connected CM Nos. 4013/2025 & 5435/2025), High Court of Jammu & Kashmir and Ladakh at Jammu, decided 02.09.2025 by Sanjay Dhar, J. Keywords: Article 227 supervisory jurisdiction; alternative and efficacious remedy; maintainability; Section 12 / Section 23 / Section 29 Protection of Women from Domestic Violence Act; interim monetary compensation Rs. 8000/- per month; ex-parte order subject to objections; appeal to Sessions Judge; modification/vacation before Trial Magistrate; dismissal with liberty to pursue alternative remedies. Counsel: Anil Sethi for petitioners; Dinesh Verma for respondent.
What did the court decide?
An order under Section 23 of the D.V. Act directing payment of interim monetary compensation is appealable in nature before the Sessions Judge in terms of Section 29 of the D.V. Act. ¶17