Jammu and Kashmir High Court
CM(M)/380/2026 of SUHAIL YOUSUF AKHOON Vs ANAM IQBAL on 22 September 2026
68 IN THE HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT SRINAGAR CM(M) 380/2026 CM(5596/2026) SUHAIL YOUSUF AKHOON …Petitioner(s) Through: Mr. Ishtiaq Ahmad Khan, Advocate with Ms. Bisma Jan, Advocate. Vs. ANAM IQBAL ...Respondent(s) Through: Mr. N. A . Kuchai, Advocate. CORAM:
S. No. 68
IN THE HIGH COURT OF JAMMU & KASHMIR AND LADAKH
AT SRINAGAR
CM(M) 380/2026 CM(5596/2026)
SUHAIL YOUSUF AKHOON
…Petitioner(s)
Through: Mr. Ishtiaq Ahmad Khan, Advocate with Ms. Bisma Jan, Advocate.
Vs.
ANAM IQBAL
...Respondent(s)
Through: Mr. N. A. Kuchai, Advocate.
CORAM:
HON’BLE MR JUSTICE RAJNESH OSWAL, JUDGE
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O R D E R
22.09.2026
1. Learned counsel for the petitioner submits that the court of learned Principal Judge, Family Court, Srinagar, (for short the Trial Court) ought not to have finally decided the application for grant of interim custody, filed by the petitioner in terms of order dated 21.04.2026. Theorder admittedly is ex parte order.
2. Learned counsel for the petitioner submits that thepetitioner had filed the application for rectification of order dated 21.04.2026 but the same was rejected by the Trial court in terms of order dated 04.08.2026.
3. Mr. N. A. Kuchai, learned counsel appearing for the respondent submits that respondent has already filed response to the main petition preferred by the petitioner and if the petitioner is aggrieved of the order dated 04.08.2026, he can lay proper application before the Trial Court for modification of the order dated 04.08.2026. Faced with this situation, learned counsel for the petitioner submits that present petition be disposed of with liberty to the petitioner to approach the learned Trial Court for modification of order dated 04.08.2026.
4. Accordingly, this petition is disposed of with a direction that in the event any application for modification of order dated 04.08.226 is filed by the petitioner, the Trial Court shall consider the same in accordance with law after affording due opportunity of hearing to the respondents as well. Disposed of.
(RAJNESH OSWAL)
JUDGE SRINAGAR 22.09.2026 Ishaq