This Criminal Reference emanates from proceedings under section 488 read with Section 489 of the Code of Criminal Procedure.

2. It appears that, on an application being made before the learned Chief Judicial Magistrate, Srinagar, under section 488 of the Code of Criminal Procedure by one Nahida, wife; and Lubna Mehraj and Hena Mehraj, two daughters, i.e., Petitioners 1 and 2; and petitioner No. 3, Owais Mehraj, son, of the respondent, the learned Magistrate, in terms of his order dated 20th August, 1997, granted Rs. 500 each as maintenance in favour of the three petitioners. Their mother, Nahida, was divorced by the respondent during the pendency of the aforesaid proceedings. At that time the maximum limit of maintenance, which could be granted by the Magistrate, was Rs. 500.

Subsequently, the State of Jammu and Kashmir enacted the Jammu and Kashmir Code of Criminal Procedure (Amendment) Act, 1998 (Act No. IV of 1998). By virtue of the aforesaid amendment, besides recasting Section 488, certain insertions were made in Section 489 of the Code whereby, among other insertions made, the limit of maintenance was increased from Rs. 500 to Rs. 2000. The petitioner