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SANJAY DHAR
Mehbooba – Appellant
Versus
Peer Mohammad Rafiq – Respondent
JUDGEMENT/ORDER :
1. The petitioners have challenged order dated 11.10.2018, passed by learned 3rd Additional Sessions Judge, Srinagar in a revision petition filed against order dated 05.05.2018, passed by learned Judicial Magistrate 1st Class (Judge Small Causes), Srinagar.
2. It appears that the respondent had entered into wedlock with petitioner No. 1. Out of this wedlock petitioner No. 2 was born. Due to matrimonial dispute between the petitioner No. 1 and the respondent, the petitioners started residing separately from the respondent and filed a petition under section 488 J&K Cr.P.C. before the Judicial Magistrate 1st Class (Judge Small Causes) Srinagar. The learned Magistrate after hearing the parties awarded interim maintenance of Rs. 5000/- per month to the petitioner No. 1, the wife and Rs. 7000/- per month to petitioner No. 2, the daughter. The aforesaid order came to be challenged by the respondent before the Court of 3rd Additional Sessions Judge, Srinagar. The learned Sessions Judge set aside the order of learned Magistrate by observing that the petitioner No. 1 has ceased to be the legally wedded wife of respondent, as she has been divorced and regarding the petitioner
The burden of proving divorce lies with the party claiming it, and maintenance orders should consider the specific circumstances of the parties involved.
The burden lies upon the husband to establish the validity of divorce and its communication to the wife before avoiding maintenance liability.
: For a Muslim husband to avoid his liability to maintain his wife on the ground that he has divorced his wife, has not only to show that divorce is validly pronounced in accordance with Muslim law b....
The plea of divorce in a petition under Section 488 Cr.P.C. does not absolve the husband of the responsibility to maintain his wife and minor children. Maintenance awarded under Section 20 of the D.V....
The status of divorce must be established in civil court; until then, obligations under the Domestic Violence Act remain enforceable.
The determination of maintenance in matrimonial disputes depends on the financial status of the parties and the standard of living to which the aggrieved person is accustomed.
Maintenance in proceedings under section 488 Cr.P.C. should be awarded from the date of application for maintenance, as directed by the Supreme Court.
A divorcee is entitled to maintenance until remarriage, and maintenance can be quantified based on the principle of an able-bodied person.
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