Disposed

Jameela Begum (Alias Arjumand Parveen) v. Abdul Wahid Bhat (Alias Wahi Mehraj Bhat) and Ors.

J&K HC9 Dec 2025CM(M)/543/2025

Case brief

AI extract

What is this about?

Petition challenging orders denying residential rights in shared accommodation under a domestic violence petition. The High Court disposed of the matter at motion stage, directing that the petitioner not be evicted from the shared residential house until disposal of the main petition.

What did the court decide?

Direction that petitioner shall not be evicted from the shared residential house till disposal of the main petition; impugned orders modified to this extent.

Jameela Begum (Alias Arjumand Parveen) Vs Abdul Wahid Bhat… — Domestic Violence | J&K HC (2025)

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Serial No. 35 Supplementary-1 Cause List

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HIGH COURT OF JAMMU& KASHMIR AND LADAKH AT SRINAGAR

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[Through Virtual Mode]

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CM (M) No. 543/2025 CM No. 8202/2025 Caveat No. 2796/225

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Jameela Begum (alias Arjumand Parveen)

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… Petitioner(s)

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Through: -

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Mr Syed Mohtasim, Advocate.

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V/s

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Abdul Wahid Bhat (alias Wani Mehraj Bhat) and Ors.

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… Respondent(s)

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Through: -

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Mr Haseeb Shah Banday, Advocate.

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CORAM:

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HON’BLE MR JUSTICE M. A. CHOWDHARY, JUDGE. (ORDER)

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09.12.2025

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Caveat No. 2796/2025:

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With the appearance of Mr Haseeb Shah Banday, Advocate, on behalf of the Caveators/ Respondents, Caveat No. 2796/2025 shall stand discharged , accordingly.

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CM (M) No. 543/2025; CM No. 8202/2025:

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This Petition has been moved by the Petitioner seeking setting aside of Order dated 1^st of November, 2025 passed by the Court of learned 1^st Additional Sessions Judge, Srinagar in file No. Cr. Appeal/81/2025 as well as Order dated 2^nd of August, 2025 passed by the Court of learned Forest Magistrate, Srinagar, primarily, on the ground that the Petitioner has been denied the residential rights in the shared accommodation in a petition under Protection of Women from Domestic Violence Act.

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Learned Counsel appearing for the petitioner submits that the Petitioner has been residing in the house along with her husband, but the

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Trial Court as well as Appellate Court have not protected her residential rights.

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Heard learned Counsel for the Petitioner.

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Notice.

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Mr Haseeb Shah Banday, learned Advocate, enters appearance and accepts notice on behalf of the Respondents. He fairly concedes that the possessory rights of the Petitioner have been protected by a Civil Court in a declaratory Suit filed by the Petitioner herein, as such, the Petitioner should have no apprehension of being dispossessed.

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Having regard to the submissions made by the learned Counsel appearing for the parties, coupled with the fact that the residence rights are with the Petitioner with regard to shared accommodation, in terms of the Order passed by the Civil Court in the civil declaratory Suit filed by the Petitioner herself, this Court is of the opinion that no further proceedings are required to be taken in this Petition and that the same can be disposed of leaving the parties free to contest the main Petition before the Court below.

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Viewed thus this petition with consensual submissions is disposed of at this motion stage, with direction that till disposal of the main petition, petitioner shall not be evicted from the shared residential house. The orders impugned in this petition shall stand modified to this extent

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Petition is, thus, disposed of on the above terms, along with the connected CM.

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(M. A. CHOWDHARY) JUDGE

SRINAGAR

December 9^th , 2025

“TAHIR”

Tahir Manzoor Bhat I attest to the accuracy and authenticity of this document

Jameela Begum (Alias Arjumand Parveen) v. Abdul Wahid Bhat (Alias Wahi Mehraj Bhat) and Ors.

Case brief

What is this about?

What did the court decide?

Jameela Begum (Alias Arjumand Parveen) v. Abdul Wahid Bhat (Alias Wahi Mehraj Bhat) and Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

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