Order granting relief under Domestic Violence Act must have reasons: Court


DODA: Court of Addl Sessions Judge, Doda, Amarjeet Singh Langeh, turned down an order in an appeal passed under Section 23 of Protection of Women from Domestic violence Act by Trial Magistrate vide which appellant/husband was directed to pay maintenance relief of Rs 5000 to his wife without considering objections. Holding that the impugned order sans reasons, the Court observed, “It needs no emphasis that judicial orders passed in a matter must explicitly delineate the reasons on which conclusion is arrived at. All that the concluding part of order impugned contains is that the respondent herein established prima facie case, therefore, appellant was directed to pay a sum of Rs 5000/- to her as maintenance,” adding, “What led the court below to arrive at conclusion that respondent had prima facie case, is not spelt out even by insinuation in the order impugned. The conclusion arrived at by the court below is thus, sans any basis and therefore, is contrary to law.” With these observations, the appeal was allowed and Trial Magistrate was directed to decide application afresh and expeditiously while parties were directed to appear before Trial Court on date fixed. Adv Aleem Wani appeared for appellants while respondent was represented by Adv S U Hashmi.

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