Mehraj Ud Din Mir vs Shahzada Bano on 20 July, 2026

Jammu & Kashmir High Court – Srinagar Bench

Mehraj Ud Din Mir vs Shahzada Bano on 20 July, 2026

Author: Sanjay Dhar

Bench: Sanjay Dhar

                                                         02
                                                         Regular

     IN THE HIGH COURT OF JAMMU & KASHMIR AND LADAKH
                      AT SRINAGAR
             CRM(M) 478/2026 CrlM(1097/2026)
MEHRAJ UD DIN MIR                          ..... Petitioner(s)

                     Through:      Mr. Sajad Ashraf, Advocate.
                   V/s
SHAHZADA BANO                                     ..... Respondent(s)
                      Through:
Coram:
           Hon'ble Mr. Justice Sanjay Dhar, Judge

                               ORDER

20.07.2026

1. The petitioner, through the medium of present petition, has

SPONSORED

challenged proceedings initiated by the respondent against him

under the provision of Protection of Women from Domestic

Violence Act (hereinafter referred to as DV Act) which are stated

to be pending before the court of learned Chief Judicial Magistrate,

Ganderbal. Challenge has also been thrown to the proceedings

under Section 125 of Cr.PC pending before the court of learned

Additional Special Mobile Magistrate, Ganderbal

2. Learned counsel for the petitioner has submitted that the marriage

between the petitioner and the respondent was dissolved in the

year 2010 which fact has been admitted by the respondent in

previous proceedings under Section 488 of the J&K Cr.PC. It has

also been contended that with regard to daughter of the parties, a

compromise was arrived at between the parties during the
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CRM(M) 478/2026
CrlM(1097/2026

pendency of the DV Act proceedings and she has been paid

marriage expenses by the petitioner in terms of the said

compromise. It has been further submitted that the respondent has

resorted to repeated petitions under Section 125 of Cr.PC and the

DV Act despite previous proceedings having been dismissed by the

courts at various stages. According to the learned counsel, the

respondent is abusing the process of the court by filing repeated

petitions against the petitioner.

3. Having heard learned counsel for the petitioner and having

perused the material on record, there appears to be prima facie

merit in the submissions made by the learned counsel for the

petitioner, as such, a case for grant of interim indulgence is made

out.

4. Issue notice to the respondents subject to taking of necessary steps

by the petitioner within one week.

5. In the meantime, the proceedings pending before learned Chief

Judicial Magistrate, Ganderbal and those pending before the

learned Additional Special Mobile Magistrate, Ganderbal shall

remain stayed.

6. List on 31.08.2026.

(Sanjay Dhar)
Judge

SRINAGAR
20.07.2026
Aasif