Jammu and Kashmir High Court
CM(M)/44/2026 of ARSHIA SAWHNEY Vs SUSHANT MAHAJAN AND ANOTHER on 9 March 2026
OF JAMMU & KASHMIR AND LADAKH AT JAMMU CM(M) No. 44/2026 Arshia Sawhney D/O Late Vijay Sawhney R/O 94/5, Trikuta Nagar, Jammu …..Appellant(s)/Petitioner(s) Through: Mr. Aseem Sawhney, Sr. Adv. (Through Virtual Mode) with Mr. Harsh Singh, Adv. 1. Sushant Mahajan S/O Late Sanjay
HIGH COURT OF JAMMU & KASHMIR AND LADAKH
AT JAMMU
CM(M) No. 44/2026
Arshia Sawhney
D/O Late Vijay Sawhney
R/O 94/5, Trikuta Nagar, Jammu
…..Appellant(s)/Petitioner(s)
Through: Mr. Aseem Sawhney, Sr. Adv.
(Through Virtual Mode) with
Mr. Harsh Singh, Adv.
1. Sushant Mahajan
S/O Late Sanjay Kishore Gupta
R/O 262, Partap Garh, Jammu
At Present, Behind Garden Estate,
Banquet Hall, Trikuta Nagar, Jammu.
2. Smt. Sarita Gupta
W/O Late Late Sanjay Kishore Gupta
R/O 262, Partap Garh, Jammu
At Present, Behind Garden Estate,
Banquet Hall, Trikuta Nagar, Jammu.
.…. Respondent(s)
Through:
CORAM: HON’BLE MR. JUSTICE M A CHOWDHARY, JUDGE
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ORDER
(09.03.2026)
1. The petitioner, through the medium of this petition, has invoked supervisory jurisdiction of this Court vested in terms of Article 227 of the Constitution of India seeking direction to the learned Special Mobile Magistrate (Electricity) Jammu („Trial Court‟) for expeditious and time-bound disposal of the application filed by the petitioner seeking return of her Istridhan against the respondents, in the case titled “Arshia Sawhney Vs. Sushant Mahajan” bearing File No. 1248/2022; 909/2022 and CNR No. JKJM03-001720-2022 which is pending adjudication for an inordinate length of time. Serial No. 124
2 CM(M) No. 44/2026
2. Learned senior counsel appearing for the petitioner submits that the application has been moved on 21.09.2023 and as per Sub-section (5) of Section 12 of Protection of Women from Domestic Violence Act, 2005, the Trial Court was under an obligation to decide the application within sixty days. He had also made reference to the Trial Courts and First Appellate Subordinate Courts Rules, 2010 framed by this Court, for fast tracking the cases.
3. Learned senior counsel for the petitioner submits that the petitioner shall be satisfied in case the petition is disposed of with direction to the Trial Court to decide the application filed by the petitioner seeking return of her Istridhan against the respondents in the case titled “Arshia Sawhney Vs. Sushant Mahajan” expeditiously and in a time-bound manner.
4. In view of the pleadings, submissions urged at the bar and the innocuous prayer, the petition is disposed of with a request to the learned Special Mobile Magistrate (Electricity) Jammu, to decide the application filed by the petitioner seeking return of her Istridhan against the respondents in the case titled “Arshia Sawhney Vs. Sushant Mahajan” expeditiously, preferably within a period of four weeks, from the date a copy of this order is made available to the said Court.
5. Disposed of along with connected application(s).
(M A CHOWDHARY)
JUDGE Jammu 09.03.2026 Tarun/PS
Tarun Kumar Gupta 2026.03.10 10:13 I attest to the accuracy and integrity of this document