HIGH COURT OF JAMMU, KASHMIRAND LADAKH

ATJAMMU

Crl (R) 20/2022

Bholi Bibi and others

.....Petitioner(s)

Through:- Mr. Sheikh Altaf Hussain, Advocate

v/s

Mushtaq Ahmed and another

.....Respondent(s)

Through:-

Mr. Harshwardhan Gupta, Advocate

Coram:

HON’BLE MR. JUSTICE VINOD CHATTERJI KOUL, JUDGE

ORDER

1.

Order dated 27.08.2021 passed by the learned Additional

Mobile Magistrate, Reasi ( for brevity ‘trial Magistrtate’) in File No.

78/Cr.Miss, titled ‘Bholi Bibi and others vs. Mushtaq Ahmed and

another, whereby the trial Magistrate has awarded interim maintenance @

Rs. 14,500/- p.m to the petitioners herein was challenged in revision by the

respondent-husband herein before the Court of learned Principal Sessions

Judge, Reasi ( for brevity ‘Revisional Court’). The revision petition came

to be allowed and the interim maintenance granted @ Rs. 14,500/- by the

trial Magistrate was reduced to Rs. 10,500/-. The said order passed by the

Revisional Court reducing the interim maintenance from Rs. 14,500/- to

Rs. 10,500/-has been called in question in the instant petition.

2.

Briefly stated the facts of the case are that the petitioner-Bholi

Bibi filed petition under Section 12 of the Protection of Women from

2

Crl R 20/2022

Domestic Violence, Act (for brevity ‘Act’) before Trial Court. An

application under Section 23 of the Act was also filed for the grant of

interim maintenance to the tune of Rs. 20,000/- per month besides alternate

accommodation or monthly rent @ Rs. 3000/- p.m. The application for

grant of interim maintenance was considered by the trial Court vide order

dated 27.08.2021 following order was passed:-

“For all that has been said and discussed

herein above, since the main application is

likely to take some time while its adjudication is

pending, applicant is on affidavit and the

contents of application prima facie does

disclose the incidents of domestic violence.

Therefore, this application to an extent of grant

of

an

interim

maintenance

is

allowed.

Accordingly, as an interim relief and after

taking into consideration expenses that may be

incurred to lead a regular decent life, it is

directed that respondent no. 01 shall pay 1/3d

of his admitted salary income i.e. Rupees

5000/- each to his two minor children and

Rupees 4500/- to applicant, a total sum of

Rupees 14, 500/- to applicant from the date of

this application until the final disposal of the

main case.

It is made clear that nothing stated herein

above shall be construed as an expression.”

3.

The trial Court while dealing with the application for grant of

maintenance had at the stage of notice granted interim maintenance @

14,500/- p.m. The said order was passed without putting the other side on

notice or before inviting objections from the other side. The said order was

challenged before the Revisional Court by the respondents herein and the

Revisional Court while dealing with the revision has reduced the interim

maintenance while observing as under:-

3

Crl R 20/2022

“Only the point for consideration herein

whether the amount of interim relief granted to

the petitioners (respondents herein) by the

court below is appropriate keeping in view the

monthly income of the appellant as CRPF

official which is Rs. 43500/- monthly. At the

same time the appellant has also take care of

his parents and is under obligations to

maintain

not

only

them

but

also

the

petitioners/respondents

herein.

In

the

circumstances of the case the interim relief to

the tune of Rs. 3500/- per month to each

respondents would have been appropriate and

maintenance granted by the court below seems

to be a bit exorbitant. Accordingly appeal is

admitted and interim relief granted by the court

below is modified to Rs. 3500/- per month to

each o