Jammu and Kashmir High Court
CM(M)/297/2023 of TANVEER HASSAN KHAN AND ORS. Vs SHAZIA NAZIR ALIAS LYQA on 28 September 2026
No. 31 Regular Cause list HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT SRINAGAR CM(M) 297/2023 TANVEER HASSAN KHAN AND ORS. …Appellant(s)/Petitioners(s) Through: Ms. Laila Khan, Advocate Vs. SHAZIA NAZIR ALIAS LYQA ...Respondent(s) Through: None CORAM: HON’BLE MR. JUSTICE RAJESH
Serial No. 31
Regular Cause list
HIGH COURT OF JAMMU & KASHMIR AND LADAKH
AT SRINAGAR
CM(M) 297/2023
TANVEER HASSAN KHAN AND ORS.
…Appellant(s)/Petitioners(s)
Through:
Ms. Laila Khan, Advocate
Vs.
SHAZIA NAZIR ALIAS LYQA
...Respondent(s)
Through: None
CORAM:
HON’BLE MR. JUSTICE RAJESH SEKHRI, JUDGE.
Citations and Judicial Treatment
Cited by
0
Decisions in the index citing it
Cites
0
Decisions referred to
In this index
0
Of the decisions it cites
Overruled / Questioned
0
No negative treatment found
Loading the citing and cited decisions…
This judgment in the centre: on the left the decisions it cites, on the right the decisions citing it. Colour is the treatment; choose a decision to open it.
ORDER
28.09.2026
1. Respondent is continuously absent despite service. She is set ex-parte and petition is taken on board for consideration.
2. Petitioners have invoked supervisory jurisdiction of this court, under Article 227 of the Constitution of India, against orders dated 06.06.2022 and 21.01.2023 passed by learned Special Mobile Magistrate PT&E, Srinagar, in Case No. 121/2022 titled “Shazia Nazir Aliad Lyqa & Anr. Vs. Dr. Tanveer Hassan Khan & Ors” in a petition under Section 12 of the Domestic Violence Act, 2005.
3. Learned counsel for the petitioners has submitted that respondent under the garb of the aforesaid orders, whereby in addition to the interim maintenance, petitioner No. 1 was directed to provide shelter to the respondent in one room, kitchen and bathroom in the shared household, has not only kept the said accommodation in lock and key, but does not allow petitioner No. 1, who is 51 years of age now and his old age parents, petitioners No. 2 & 3, who are senior citizens, respectively 78 years and 71 years of age, to enter rest of the portion of the house, due to which, they have been constrained to hire rental accommodation.
4. Learned counsel for the petitioner submits that she will be satisfied in case petitioners are allowed to lay a proper motion before the trial court for modification/clarification of the order, thereby allowing them to enter and reside in the portion of the house, excluding one room, kitchen and bathroom provided to the respondent and trial court is directed to accord consideration to the same within a reasonable timeframe. Her statement is taken on record.
5. In view of the above, present petition is disposed of with liberty to the petitioners to lay an appropriate motion before the trial court and trial court shall accord consideration to the same within a period of two weeks from the date application is filed and trial court shall also ensure implementation of the modified/clarified order in letter and spirit.
6. Disposed of along with connected CMs.
7. Interim direction, if any, shall stand vacated.
(RAJESH SEKHRI)
JUDGE
Srinagar: 28.09.2026 Adil Ismail