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2014 Supreme(J&K) 542

ALI MOHAMMAD MAGREY
Manzoor Ahmad Sheikh – Appellant
Versus
Naseema Bano – Respondent


Advocates:
Appearing Counsel:
For the Petitioner(s):Mr. M. Moomin Khan, Advocate
For the Respondent(s):Mr. Sajad Ashraf Mir, Advocate

Judgment

1. This petition under Section 561-A Cr.P.C. challenges the order dated 21.02.2014 passed by the learned Judicial Magistrate, 1st Class, Baramulla, in proceedings under Section 488 Cr.P.C. initiated by respondent no.1 against the petitioner herein whereby the learned Magistrate has directed the petitioner to pay to petitioner no.1 an interim maintenance of Rs.2,000,00 per month.

2. The case of respondent no.1 before the learned trial court is that the two, respondent no.1 and the petitioner, had entered into a nuptial knot some six years back. Respondent no.2, a four year old female child, is the off spring of the duo. Alleging desertion and neglect by the petitioner, respondent no.1 filed the petition under Section 488 Cr.P.C. seeking maintenance for herself from the petitioner on the ground of her being his legally wedded wife and for the female child having been born out of the wedlock. Coextensive therewith, the respondent filed an application for grant of interim maintenance. The learned Judicial Magistrate by the impugned order has allowed an interim maintenance of Rs.2000.00 to respondent no.1 and Rs.1500.00 to the female child.

3. The petitioner, on appearance before
























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