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2021 Supreme(J&K) 332

SANJAY DHAR
Ishtiyaq Ahmad Khan through Attorney Holder Mr. Wahid Ahmad Khan – Appellant
Versus
Rabia Jan – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Mr. Abdul Ahad Rather.
For the Respondent: Mr. L.A. Latief.

JUDGMENT :

SANJAY DHAR, J.

1. Petitioner has challenged order dated 04.08.2018 passed by Principal Sessions Judge, Budgam, whereby learned Sessions Judge has dismissed the revision petition filed by the petitioner against the order dated 15.02.2017 passed by Judicial Magistrate, 1st Class, Cherar-i-Sharief. Vide the aforesaid order dated 15.02.2017, the learned Magistrate has dismissed the petitioner’s application for setting aside ex-parte order of maintenance as also the application for staying the operation of aforesaid ex-parte order passed in proceedings under Section 488 of the J&K Code of Criminal Procedure. Compensatory costs of Rs. 30,000/- have also been imposed by learned Magistrate upon the petitioner vide the aforesaid order.

2. The facts giving rise to the filing of this revision petition are that respondent, who claims to be the wife of petitioner, filed proceedings under Section 488 of J&K Cr.P.C. before Judicial Magistrate 1st Class, Cherar-i-Sharief, claiming maintenance from him. It appears that petitioner stopped appearing before the learned Magistrate, as a result whereof ex-parte proceedings were initiated against him on 19.02.2014 and ultimately on 15.04.2015, t

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