SRINAGAR: A Srinagar court has granted comprehensive relief to a woman who alleged prolonged physical, emotional, and economic abuse by her husband, ruling that the evidence presented established domestic violence under the Protection of Women from Domestic Violence Act, 2005. The court ordered protection, residence rights, compensation, and monthly maintenance to the petitioner.
Information was available with The Chenab Times that the order was issued by Kamiya Singh Andotra, Special Mobile Magistrate Srinagar and Railway Magistrate Kashmir, in the case titled Arifa Hamid versus Shahid Iqbal. The case was initiated on November 28, 2024, with the judgment delivered on May 8, 2026.
The petitioner, Arifa Hamid of Zewan, Srinagar, who was represented by Advocate Javaid Ahmad Baba, filed the petition detailing alleged mistreatment. The respondent, Shahid Iqbal, a resident of Adil Nagar in Lucknow, Uttar Pradesh, did not appear before the court. Despite being served notice, ex-parte proceedings were initiated against him on June 11, 2025, after his absence.
According to the petition, the couple married on November 1, 2011, and share two children, a son aged approximately 11 years and a daughter around six years old, both of whom are currently residing with their mother. The woman’s allegations detailed a period of harassment, dowry demands, physical assault, and emotional abuse following an initial period of cordial marital relations. She stated that her husband repeatedly pressured her for money and valuables from her parental home, resorting to humiliation and violence when these demands were not met.
The petitioner further claimed that her husband had taken gold ornaments valued at approximately Rs 50 lakh and also borrowed around Rs 62 lakh from her, with assurances of repayment that were allegedly not fulfilled. The respondent purportedly sent her to her parental home under the false pretense of securing employment in the Maldives, a claim that later proved to be untrue, leading her to believe she and their children had been abandoned.
During her cohabitation, the petitioner reported frequent verbal abuse, periods of forced starvation, physical assault, and severe mental trauma. She informed the court that she and her children were residing with her parents and that she lacked any independent source of income. The monthly educational expenses for their children, who attend Birla Open Minds School, were stated to be around Rs 16,000.
The court examined the ex-parte evidence presented by the petitioner, including affidavits from two supporting witnesses, Abdul Hamid Wani and Lalee Jee Wani, who corroborated the allegations. After reviewing the arguments and evidence, the court acknowledged the significance of the Protection of Women from Domestic Violence Act as beneficial legislation designed to protect women from various forms of abuse within domestic relationships.
The magistrate concluded that the presented allegations and evidence conclusively established physical, emotional, verbal, and economic abuse as defined under Section 3 of the Domestic Violence Act. The court noted the respondent’s failure to present any evidence to contest the petitioner’s case.
In its ruling, the court directed the respondent to either provide suitable residential accommodation for the petitioner and children, complete with necessary amenities, or pay a monthly rent of at least Rs 6,000. The respondent was also explicitly restrained from committing any further acts of violence against the petitioner. The Child Development Project Officer was instructed to provide protection to the petitioner whenever required.
As monetary relief, the court awarded a one-time sum of Rs 20,000 to the petitioner and mandated a monthly maintenance payment of Rs 10,000, effective from the date of the order. Additionally, compensation of Rs 15,000 was awarded for the physical and emotional trauma endured by the petitioner, to be paid within three months. The court accordingly disposed of the petition and all connected applications.
The Chenab Times News Desk