Reyaz Ahmad Mathanji vs Ishrat Batool on 31 March, 2026

Jammu & Kashmir High Court – Srinagar Bench

Reyaz Ahmad Mathanji vs Ishrat Batool on 31 March, 2026

Author: Rahul Bharti

Bench: Rahul Bharti

                                                               05
                                                               Regular


         HIGH COURT OF JAMMU & KASHMIR AND LADAKH
                         AT SRINAGAR
                       CM(1242/2026) in CM(M) 79/2026
                              CM(1243/2026).

      Reyaz Ahmad Mathanji.
                                                 ...Applicant(s)/Petitioner(s)
             Through:    Ms. Shahida Rashid, Advocate.

                                        VERSUS

      Ishrat Batool.
                                                           ...Respondent(s)
             Through:    None.

CORAM:
             HON'BLE MR. JUSTICE RAHUL BHARTI, JUDGE.
                                   ORDER

31.03.2026

01. The respondent maintained proceedings under Section 125

SPONSORED

of the Code of Criminal Procedure, 1973 which came to be

commenced by her alongwith her daughter against the petitioner

before the Court of Chief Judicial Magistrate, Kulgam on

06.02.2023.

02. Said proceedings came to suffer dismissal for non-

prosecution and were subsequently restored on 25.02.2025 by

an order of the Court of Additional Special Mobile Magistrate,

Kulgam before whom the proceedings had come to be

transferred for adjudication.

03. Restoration of the proceedings under Section 125 CrPC has

left the petitioner aggrieved to come to this Court under Article

227 of the Constitution of India.

04. The petitioner has omitted out his daughter- Khatija Kubra

from being impleaded as a co-respondent meaning thereby the

petitioner is not aggrieved of restoration of the maintenance
proceedings insofar as the daughter as co-petitioner No. 2 is

concerned but only to the extent that the restoration operates in

favour of the respondent as petitioner No. 1.

05. Issue notice to the respondent.

06. This Court makes it clear that the maintenance proceedings

shall remain restored and continue insofar as Khatija Kubra-

the daughter of the petitioner who figures as petitioner No. 2 in

the maintenance proceedings is concerned.

07. Notice in CM No. 1243/2026 as well.

08. In the meantime, send for the scanned record of File No.

Matrimonial case 05/2023, CNR No. JKKG030000692023 in

the case titled “Ishrat Batool And Anr. Vs. Reyaz Ahmad

Mathanji.” from the Court of Additional Special Mobile

Magistrate in the case.

09. List on 5th May, 2026.

(RAHUL BHARTI)
JUDGE

SRINAGAR
31.03.2026
Bisma Jan.