Nemo for petitioner though on previous date Mr. M. M. Dar, advocate appeared for petitioner.

The Munsiff, Judicial Magistrate, Chadoora by order dated 5.4.2003 in maintenance proceedings under section 488 Cr. P.C. has awarded maintenance to wife Gulshan Akhter at the rate of Rs. 200/- per month from the date of petition till the end of the period of `Idat and to the two children at the rate of Rs. 1000/- and Rs. 800/- per month on agreement and on consensus of the parties. The Ld. Sessions Judge has made reference recommending modification of the impugned order to the extent that the agreed monthly maintenance awarded to wife till period of `Idat be quashed leaving her to choose the remedy which she may have available under law.

2. Having gone through the record and taking note of legal position annunciated in some decisions of this court, the reference appears incompetent. The award of interim maintenance to the wife for the period ending "Idat" to which she is entitled, should be taken covered by the welfare provision of Section 488 CR. P.C. It wont serve the ends of justice to drive wife to separate proceedings to seek maintenance for the period when under Personal Law for some sp

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