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2020 Supreme(J&K) 395

Mushtaq Ahmad Badyari – Appellant
Versus
Ruquya Akhter – Respondent


Advocates Appeared:
For the Petitioner(s):Mr. Syed Musaib, Advocate
For the Respondent(s):Mr. Shafaqat Nazir, Advocate vice Mr. M. Ashraf Wani, Advocate

Judgment

Rajnesh Oswal, J.—The present petition has been filed under section 561-A Cr.P.C by the petitioner for quashing of order dated 26.12.2017 passed by the Additional Special Mobile Magistrate, Awantipora (hereinafter to be referred as the trial court) and also order dated 14.06.2018 passed by the Additional Sessions Judge, Pulwama in the revision petition filed by the petitioner by virtue of which the order dated 26.12.2017 (supra) has been upheld.

2. Briefly stated the facts relevant are that the respondent-wife herein had filed an application under section 488 Cr.P.C. for grant of maintenance on the ground that the marriage between the petitioner-husband and respondent has been solemnized according to Muslim rites and rituals on 12.03.2014 and without any rhyme or reason, the petitioner herein has turned out the respondent-wife of her matrimonial home eight months prior to the filing of the application i.e. 02.07.2016. The respondent-wife further stated that she was without any source of income and because of the neglect by the petitioner she had been residing with her brother.

3. The respondent-wife had also filed an application for interim maintenance before the trial cou

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