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2012 Supreme(J&K) 154

HASNAIN MASSODI
Mohammad Naseem Bhat – Appellant
Versus
Bilquees Akhter & Anr. – Respondent


Advocates Appeared:
Mr. H.I. Hussain, Advocate for the Appellant(s).
Mr. S.H. Thakur, Advocate for the Respondent(s).

1. Petitioner seeks quashment of Revisional Court order dated 15.10.2009 in Criminal Revision Petition No. 7/2009 titled Bilquees Naseem v. Naseem Ahmad Bhat whereby the Revisional Court has reversed the finding recorded by the Trial Court that Bilquees Naseem was divorced by her husband Mohammad Naseem Bhat disentitling her from claiming maintenance under Section 488 Cr. P. C. The admitted and undisputed facts are as under:-

2. Mohammad Naseem Bhat and Bilquees Akhter alias Bilquees Naseem — petitioner and respondent No. 1 in the present petition, contracted marriage on 24.08.2002 and out of wedlock Baby Kareena Naseem- respondent No. 2 in the petition, was born on 06.06.2003. They however, some time after respondent No. 2 was born, fell apart. The parties have their own versions as regards reasons for their separation.

3. Be that as it may, respondent No. 1 on her behalf and on behalf of her minor daughter-respondent No. 2 on 30.01.2006 filed an application under Section 488 Cr. P. C. in the Court of JMIC/3rd Additional Munsiff Srinagar. The respondent's case before the Trial Magistrate was that the present petitioner not happy that respon#31;dent No. 1 had begotten a female child,





































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