Case Title :
The petitioner is Shamshada Akhter and the respondent is her husband, Ajaz Parvaiz Shah. The order came on her application for unconditional withdrawn of the petition Case No: 3722349/2019, instituted on 26/02/2019.
In a landmark judgement, a court in Srinagar has imposed a fine of Rs 10 lakh on a woman who had dragged her husband into a domestic violence case and dispossessed him from the house they jointly owned. The order came after the lady took the case to a number of courts including the supreme court and eventually wanted to withdraw the case, thus preventing the implementation of a series of orders not favouring her, that various courts issued in between.
The 18-page order announced by Fayaz Ahmad Qureshi, who presides over the Small Causes Court in Srinagar, has directed the wife to pay her husband Rs 10 lakh within a month or it will be recovered in the manner prescribed for recovering land revenue. Both the parties have been directed “to restore the same position with respect to possession of the shared-household as existed on the date of the institution of the case.”
After more than two years of legal battle, the husband will have a right to return to the home that the couple had constructed during their 30 years of conjugal life. He will have the right to use two rooms of the house.
“This case is one such glaring example of abuse of process of law, where the AP (wife) has protracted the proceedings up to the maximum capacity of its elasticity and a domestic violence petition which is, at the initial stage, has been dragged up to the Supreme Court of India and the petitioner wife has ensured that the husband remains deprived of the shared-household even if the same is owned by the respondent,” the order reads.
Given the implications of the landmark decision, the order pronounced by the court on December 16, 2021, is being reproduced verbatim in the large public interest.
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