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2007 Supreme(J&K) 105

MANSOOR AHMAD MIR
Nigeen Ahmad Chapoo – Appellant
Versus
Adil Nigeen – Respondent


Advocates Appeared:
Advocate For Appellant: R.A. Gadda
Advocate For Respondent: Nemo

1. The grievance projected by the petitioner is that the respondents have filed petition under Section 488 Cr.P.C for grant of maintenance before the Court of ld. Chief Judicial Magistrate, Shopian which is an abuse of process of law on the grounds taken in the petition. Along the petition, an application for grant of interim relief was filed. Respondent- Petitioner herein filed objections and after hearing both the parties, learned Chief Judicial Magistrate, Shopian granted the interim application and directed the petitioner herein to pay Rs. 900/-and 700/- as interim maintenance monthly. Feeling aggrieved, the petitioner/non-applicant challenged the said order by the medium of the revision petition before the ld. Sessions Judge, Pulwama. Revision Petition came to be dismissed vide order dated 30.04.2007. Feeling aggrieved of the said order, petitioner has filed this petition. The main argument of learned counsel for the petitioner is that the respondents are major, thus the petition under Section 488 Cr.P.C is not maintainable. The said question is a question of fact which cannot be determined at this thresh hold stage. The proceedings are at its infancy i.e, why the trial court










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