JUDGMENT :

CRM(M) No. 36/2020

1. This quashment petition filed by the petitioner in terms of Section 482 Cr.P.C. is directed against order dated 31.01.2020 passed by the learned Additional District and Sessions Judge, Srinagar (the Revisional Court) in file No. 06/2019 titled Mst. Ulfat v. Nissar Ahmad Matoo, whereby the Revisional Court has set aside the order of Special Mobile Magistrate (Sub Judge), Srinagar dated 29.07.2019 passed in a petition filed by the respondent along with her two children for maintenance under Section 488 Cr.P.C., insofar as it rejects the claim of the respondent for maintenance.

2. Material facts, as projected by the petitioner in this petition, insofar as these are necessary for determination of the controversy raised, may be noticed briefly.

3. As is claimed, the petitioner and respondent entered into marital tie in the year 2005 according to the Muslim Personal Law and out of their wedlock, twin female issues were born. It is stated that prior to his marriage with the respondent, the petitioner had married one Shabeena in the year 1992, who left for her heavenly abode in the year 1997 due to illness. Out of the aforesaid wedlock also there are two issues