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2023 Supreme(J&K) 607

M. A. CHOWDHARY
Ghulam Mohammad Pandit S/O Mohd Ramzan Pandit – Appellant
Versus
Mehbooba Akhter D/O Sonaullah Sofi – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Mr. Imtiyaz Sofi, Adv..
For the Respondent: Mr. G.N.Shaheen, Adv.

JUDGMENT :

1. This Civil 1st Appeal has been preferred against the judgment and decree dated 16.03.2016, (for short ‘the impugned judgment) passed by the court of learned 3rd Additional District Judge Srinagar in Civil Original Suit No.18/N titled Mehbooba Akhter & Ors. Vs. Ghulam Mohammad Pandit & Ors., in terms whereof the appellant has been directed to make the payment of monthly maintenance @ Rs.4500/-, Rs.6000/- and Rs.4500/- in favour of respondents 1, 2 and 3 respectively, with effect from 19.05.2003, and setting off the monthly interim maintenance paid @ Rs.2000/- per month in favour of respondents 2 and 3.

2. The impugned judgment has been challenged through the medium of the instant appeal, inter alia on the following grounds:-

    (a) That the trial court has not at all discussed the evidence produced by the appellant in support of the issues framed by the trial court, which rendered the impugned judgment and decree perverse and unsustainable under law;

    (b) That the appellant had led the evidence wherein he proved that he has divorced respondent No.1 on 15.02.2005 in presence of two witnesses who also proved the said fact and the trial court has not discussed their evidence whil

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