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2017 Supreme(J&K) 327

SANJAY KUMAR GUPTA
Shamim Akhter – Appellant
Versus
Shadab Anjum – Respondent


Advocates Appeared:
For the Petitioner:Mr. Shafiq Chowdhary, Advocate

JUDGMENT :

1. The instant Criminal Revision has been filed against the order dated 26.05.2012 passed by the learned Special Judicial Mobile Magistrate Passenger Tax, Shops and Establishment Act, Jammu whereby the learned Magistrate has declined to grant interim maintenance to the petitioner and prayed that the said order may kindly be set aside.

2. In the revision, it is stated that the petitioner is the legally wedded wife of respondent in pursuance to the marriage performed between the parties in accordance with the injunctions of Islam in the year 2008 and resided together as husband and wife. Out of their wedlock one male child namely Faisal was born, who is being taken care of by the petitioner. It is further stated that owing to the inhuman and barbaric approach of respondent and furthermore refusal to maintain by the respondent, the petitioner was forced under the compelling circumstances to approach the Court below by filing an application under Section 488 Cr.P.C along with an application for interim maintenance.

3. The learned Magistrate after issuance of notice to the respondent for filing objections and after hearing both the parties passed the order impugned dated 26.05.2











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