Dismissed¶20

Umer Ashraf Nahami v. Mst. Tanzeela

J&K HC17 Nov 2025CM(M)/495/2025

Case brief

AI extract

What is this about?

J&K and Ladakh High Court, Srinagar; CM(M) 495/2025; Justice Sanjay Dhar; 17.11.2025; domestic violence; Protection of Women from Domestic Violence Act; Section 12 DV Act petition; ex parte order dated 06.09.2025; remedy exhaustion; appeal under Section 29 DV Act before Sessions Judge; objections and variation of Section 12 order; Article 227 Constitution of India; extraordinary supervisory jurisdiction; petition dismissed with remedies left open.

What did the court decide?

Against an ex parte order passed on a Section 12 DV Act petition, one remedy available to the aggrieved party is to file an appeal against the said order under Section 29 of the DV Act before the learned Sessions Judge. ¶20

Umer Ashraf Nahami Vs Mst. Tanzeela — Domestic Violence | J&K HC (2025)

What the court decided

AI extract

Outcome

Dismissed

¶20

Issue for consideration

Whether the petitioner could invoke the extraordinary supervisory jurisdiction of the High Court under Article 227 of the Constitution of India against the ex parte order dated 06.09.2025 passed on the respondent's Section 12 DV Act petition without first exhausting the available remedies of appeal under Section 29 of the DV Act before the learned Sessions Judge, or filing objections to the Section 12 petition and seeking variation of the order.

¶20

Court's answer

¶20

Ratio / Principle

In the alternative, the aggrieved party may file objections to the Section 12 of DV Act petition and seek variation of the order dated 06.09.2025.

¶20

Key takeaways

Without exhausting these remedies (appeal under Section 29 DV Act, or objections and variation through the Section 12 petition), the petitioner cannot invoke the extraordinary supervisory jurisdiction of this Court under Article 227 of the Constitution of India.ratio¶20

Detailed headnote1 paragraphs

CM(M) No. 495/2025 (companion applications CrlM No. 7485/2025 and CM(7486/2025)) — Umer Ashraf Nahami v. Mst. Tanzeela — High Court of Jammu & Kashmir and Ladakh at Srinagar — Hon'ble Mr. Justice Sanjay Dhar — 17.11.2025: The petitioner challenged an ex parte order dated 06.09.2025 passed on the respondent's petition under Section 12 of the Protection of Women from Domestic Violence Act. Holding: such an order, being subject to objections of the other side, leaves the petitioner two remedies — an appeal under Section 29 of the DV Act before the learned Sessions Judge, or filing objections to the Section 12 petition and seeking variation of the order dated 06.09.2025; without exhausting these remedies the petitioner cannot invoke the extraordinary supervisory jurisdiction of the Court under Article 227 of the Constitution of India. The petition was dismissed, leaving it open to the petitioner to avail the appropriate remedies. Separately, CrlM No. 7485/2025 seeking dispensation of the certified copy of the order dated 06.09.2025 was allowed and disposed of.

Umer Ashraf Nahami v. Mst. Tanzeela

Case brief

What is this about?

What did the court decide?

Umer Ashraf Nahami v. Mst. Tanzeela

Case brief

What is this about?

What did the court decide?

What the court decided

Issues for consideration

Statutes considered

Procedural history

Parties & counsel

Coram

Case details

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