HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT SRINAGAR CRMC No. 280/2015 MP No. 01/2015 Reserved on: 27.11.2025 Pronounced on:03.12.2025 Uploaded on: 08.12.2025 Whether the operative part or full judgment is pronounced-Full Judgment Parvaiz Ahmad Malik …Petitioner(s)

Through: Mr. Z.A.Qureshi, Sr.Advocate with Mr. Babar Bilal Malik, Advocate.

Vs.

Sahail Ahmad Malik …Respondent(s)

Through: Ex Parte CORAM: HON’BLE MR. JUSTICE M. A. CHOWDHARY, JUDGE

JUDGMENT

1. This is a petition filed under Section 561-A of J&K Cr.PC (akin to Section 528 of BNS) for quashing the orders dated 02.07.2014 and 19.06.2015 (impugned herein) passed by the court of learned Chief Judicial Magistrate, Shopian in a petition U/S 488 CrPC for grant of maintenance and the court of learned Principal District & Sessions Judge, Shopian, in the Criminal Revision against the order passed by the Magistrate, respectively.

2. The case in nutshell is that the petitioner herein got married with the mother of the respondent herein in August, 1998 and at the time of the said marriage the mother of the respondent herein was already pregnant and gave birth to a child (respondent herein) after 5-6 months of marriage giving rise to the dispute between the petitioner and the mother of the respondent herein about the paternity of the said child.

3. Petitioner further pleads that due to the sincere efforts of the locals, the mother of the respondent herein voluntarily asked for ‘khula-nama’ from the petitioner herein, which got executed on 20^th May, 1999, wherein, it was agreed upon that the mother of the respondent will not claim any maintenance for herself as well as for her son in future from the petitioner and the respondent herein will have no right to claim any maintenance or share from the property of the petitioner.

4. It is alleged that, after a period of almost 17 years, the respondent herein through his mother filed a petition under Section 488 of Cr.PC for grant of maintenance from the petitioner herein; that, the petitioner herein filed a detailed objections thereto and also filed an application for conducting DNA test of the respondent herein to ascertain his paternity; that, the court of learned CJM, Shopian allowed the application of the respondent herein for grant of maintenance vide its order dated 02.07.2014, granting interim maintenance of Rs.2500/- per month in favour of the respondent herein till final disposal of the main petition from the date of the said application i.e. 23.04.2013; that, aggrieved of the said order dated 02.07.2014, a revision petition came to be filed by the petitioner herein, which came to be dismissed by the court of learned Principal District & Sessions Judge, Shopian on 19.06.2015, with an observation that the revision does not sustain and needs no consideration by the court.

5. The petitioner herein through the medium of the present petition under Section 561-A of Cr.PC has challenged both the impugned orders, inter alia, on the following grounds:-

(a)That, the petition filed by the respondent herein through his mother under Section-488 of Cr.Pc is a false, concocted, baseless, and untenable as the said petition has been filed after a period of almost

17 years.

(b)That, the marriage of the petitioner with the respondent's mother was solemnized in the August, 1998 and a child (respondent herein) was born after a period of five months, and that the fact of pregnancy of the mother of the respondent was concealed to the petitioner. It was admitted by the respondent's mother in the ‘khula-

nama’ that she was already pregnant at the time of marriage.

(c) That, in the ‘khula-nama’ which was executed on 20^th May, 1999, all the terms and conditions were mentioned and it was the respondent's mother who paid the petitioner Rs.5000/- for signing the said ‘khula-nama’.

(d)That, in view of above mentioned ‘khula-nama executed between the parties the petition under 488 Cr.PC itself was not maintainable before the CJM Shopian and was liable to be dismissed.

(e)Th