Srinagar, August 24, 2026 (Yes Punjab News)
The Jammu and Kashmir and Ladakh High Court has ruled that women facing domestic violence need not wait for the conclusion of a trial to seek interim protection of residence, holding that such relief is intended to address immediate concerns of shelter and safety.
Justice Sanjay Dhar made the observation while hearing a petition filed by a woman challenging an order of the Principal Sessions Judge, Kupwara. The Sessions Court had set aside a trial court direction requiring her husband to provide her with safe and secure accommodation in the shared household.
The High Court examined Section 23 of the Protection of Women from Domestic Violence Act, 2005, which empowers a Magistrate to grant interim relief, including an interim residence order, during proceedings initiated under Section 12 of the Act.
The court clarified that while a final residence order under Section 19 may be issued when an application under Section 12 is finally decided, interim residence protection can be granted at an earlier stage of the proceedings.
The High Court observed that a full-fledged trial is not required before granting such interim relief. A Magistrate must instead assess the material placed before the court and determine whether the application prima facie indicates an act of domestic violence or a likelihood of such violence.
Justice Dhar emphasised the protective purpose of the legislation, describing residence protection as urgent relief intended to ensure that an aggrieved woman is not left without shelter or protection while legal proceedings are pending.
The court held that the Principal Sessions Judge’s view that residence relief could be granted only after the trial concluded was inconsistent with Section 23 of the Domestic Violence Act and its legislative objective of providing immediate protection.
The High Court consequently set aside the Sessions Court order and restored the position that interim residential protection can be granted before the main proceedings are finally decided.
The ruling reinforces the principle that protective measures under the Domestic Violence Act are intended to be immediate and preventive rather than dependent on completion of prolonged judicial proceedings.
Domestic violence remains a significant and underreported concern in Jammu and Kashmir. National Family Health Survey data has indicated that around 10-11 per cent of married women in the region experience physical or sexual spousal violence, while local advocates have suggested that the actual incidence could be higher because of social stigma and under-reporting.
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