1. Aggrieved by the order dated 19.08.2014 passed by learned Judicial Magistrate/Munsiff, Shopian, in the petition under Section 488 Cr.P.C. and also order dated 04.06.2016 passed by the Court of Principal Sessions Judge, Shopian, in an appeal filed by the petitioner herein against the order of learned Judicial Magistrate/Munsiff, Shopian, dated 19.08.2014, petitioner has filed the instant petition seeking quashment of the same.

2. From the perusal of the record, it appears that the respondents herein had filed a petition under Section 488 Cr. P. C against the petitioner herein before the Court of learned Judicial Magistrate (Munsiff), Shopian, seeking grant of maintenance, on the following grounds:—

“That the respondent No. 1 herein was married to petitioner herein in accordance with the provisions of Muslim Personal Law and the customs prevalent in the families as such the petitioner is the husband of the respondent No. 1 and father of other respondents. The said marriage was solemnized as earlier as twenty-five years back; that after the marriage the spouse was living for a short span of period. However, the petitioner from the very first day was in habit of deserting the respondents and treating here cruelly. It will not be out of place to mention here that out of the said wedlock three issues were born named hereinabove. However, one of the sons passed away at the time of his birth. The respondent Nos. 2 and 3 are minors and are living with the respondent No. 1 till date; that finally the petitioner deserted the respondents and is not paying any maintenance allowances to the respondents despite the fact that the petitioner is earning a handsome amount and has to capacity to earn the good amount. The monthly income of the petitioner is more than Rupees fifty thousand. But despite that he is not contributing a penny towards the respondents; that the respondent No. 1 has turned into a desperate woman due to the desertion by her husband and is living almost a beggar’s life with her two kids (respondent Nos. 2 and 3) and has no source of income to take care of the daily expenses on food and clothing of her children and herself not to think of the better education to the respondent Nos. 2 and 3. As such in case the petitioner is not directed to pay monthly allowances to the respondent, the respondents will starve to death; that the petitioner is a man of substance and has a good earning capacity and is in every respect of fit person to maintain the respondents and give them a decent life, which is the right of respondents. The petitioner however is turning and running away from his duties and obligations towards the respondents and leaving the respondents in a state of pity and misery and that the respondents are living a very difficult life due to the desertion by the petitioner and respondent No. 1 has no source of income to feed and drape her children and in case this Court will not come to their rescue, the respondents will suffer and will die of starvation and misery.”

3. The petitioner herein filed objections in response to the petition filed by the respondents herein before the Court of learned Judicial Magistrate (Munsiff), Shopian, stating therein:—

“That the respondent No. 1 was married to the petitioner and the said marriage was solemnized some twenty years before. However, as the respondent No. 1 has been divorced by way of Talaq-Biddat/Triple Divorce on 04.02.2012 by the petitioner by way of written divorce duly executed and attested and pronounced to the respondent No. 1 is the wife of petitioner is denied as such cannot claim any maintenance; that the petitioner never adopted any kind of cruel attitude nor has deserted the respondent No. 1, till subsistence of marriage, however, it is the respondent No. 1 who by adopting indifferent attitude towards the petitioner, and by adopting cruel attitude towards petitioner has left the petitioner of no alternative, but to divorce the respondent No. 1, however, the f