Mohammad Ali Bhat vs Shafeeqa Bano - 2022 Supreme(J&K) 69

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2022 Supreme(J&K) 69

Mohammad Ali Bhat – Appellant
Versus
Shafeeqa Bano – Respondent

Advocates:
Advocate Appeared:
For the Petitioner(s):Mr. M.S. Latief, Sr. Advocate, Mr. Zahid Khan, Advocate
For the Respondent(s):Ms. Sami Shah, Advocate

JUDGMENT :

The petitioner has filed the instant petition under Section 482 of the Cr.P.C. challenging order dated 15.04.2019 passed by learned Chief Judicial Magistrate, Budgam, whereby, in a proceeding under Section 488 of the J&K Cr.P.C., the learned Magistrate has granted a monthly interim maintenance to the tune of Rs.2000/ to respondent No.1 and Rs.1500/ to respondent No.2. Challenge has also been thrown to order dated 11.12.2019 passed by learned Sessions Judge, Budgam, whereby, while dismissing the revision petition against the impugned order passed by the learned Magistrate, the learned Sessions Judge has upheld its validity.

2. Respondent No.1 claims herself to be the wife and respondent No.2, claims to be the daughter of the petitioner. They filed a petition under Section 488 of the J&K Cr.P.C. before the learned trial Magistrate alleging therein that the petitioner has neglected and refused to maintain them. The petitioner herein filed his objections to the application and besides urging other grounds, he has submitted that in terms of document dated 10.01.2019 issued by Anjuman Sharie Shiaan, Jammu and Kashmir, responded No.1 herein has been divorced. The learned trial Ma