Jammu and Kashmir High Court
CM(M)/109/2026 of ROHUL NISA AND ANOTHER Vs OWAIS IQBAL ITOO AND ANOTHER on 8 April 2026
No. 182 Suppl. Cause List HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT SRINAGAR CM(M) 109/2026 CM(1780/2026) Rohul Nisa and Anr. ...Appellant(s)/Petitioner(s) Through: - Mr. Parvaiz Amin Wani, Advocate. V/s Owais Iqbal Itoo and Anr. … Respondent(s) Through:- None. CORAM: HON’BLE MR
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Serial No. 182 Suppl. Cause List
HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT SRINAGAR
CM(M) 109/2026 CM(1780/2026)
Rohul Nisa and Anr. ...Appellant(s)/Petitioner(s)
Through: - Mr. Parvaiz Amin Wani, Advocate.
V/s
Owais Iqbal Itoo and Anr. … Respondent(s) Through:- None.
CORAM:
HON’BLE MR JUSTICE M. A. CHOWDHARY, JUDGE.
(ORDER) 08.04.2026
01. Petitioners through the medium of this petition have invoked the supervisory jurisdiction of this Court vested under Article 227 of the Constitution of India seeking issuance of appropriate orders to the Court of learned Additional Special Mobile Magistrate, Kulgam, for expeditious disposal of the application for grant of interim reliefs moved by the petitioners against the respondents, along with the main petition titled as above under the provisions of The Prevention of Women from Domestic Violence Act, 2005.
02. Learned counsel for the petitioners submits that the petition had been filed by the petitioners before the Trial Court on 30th of August, 2025 and till now the Court below has not considered the interim application in the petition though under the scheme of the Domestic Violence Act, the learned Magistrates are obligated to decide the interim
application within the period of 60 days but after delay of more than seven months the application is still pending with the Trial Court and has remained undecided.
03. It has been finally prayed that the learned Magistrate be directed to decide the interim application expeditiously considering grant of interim maintenance to the petitioners in the petition pending disposal before the Trial Court.
04. In view of the innocuous prayer made in this petition and submissions weighed at the Bar by the learned counsel for the petitioners, this petition is disposed of at this motion stage, with a request to the learned Additional Special Mobile Magistrate, Kulgam to consider the application for interim reliefs moved by the petitioners against the respondents in the petition, expeditiously, in accordance with the scheme of the Act, without booking any further delay.
05. Disposed of in the above terms, along with the connected application(s).
(M. A. CHOWDHARY)
JUDGE SRINAGAR April 8th, 2026 “Shoaib javid”