GHULAM HASSAN SHAH Vs. SAIMA HASSAN

JUDGEMENT

(1.) Challenge is to order of learned Sessions Judge, Pulwama in criminal revision titled Gh. Hassan Shah v. Saima Hassan and Ors. (Cr. Revision No. 17/ 2007) whereby learned Sessions Judge has dismissed the revision filed by the Petitioner against the order of learned JMIC Trial dated 23-9-2006 allowing the Respondent's-petition under Section 488, Code of Criminal Procedure

(2.) The Petitioner is husband of Respondent No. 4 and father of Respondent Nos. 1 to 3. The Respondents alleging that the Petitioner had neglected to maintain Respondents despite being possessed of sufficient means and the Respondent having no source to fall back upon, approached learned JMFC Trial with an application under Section 488 for grant of maintenance. The application was allowed on 23-9-2006 and the Petitioner directed to pay an amount of Rs. 900/-, 700/- and Rs. 1000/-per month as maintenance allowance to the Respondents.

(3.) The Petitioner aggrieved of the order dated 23-9-2006, called it in question through medium of a revision petition before learned Sessions Judge, Pulwama. Learned Sessions Judge vide order dated 31-5-2007 dismissed the petition and maintained the order directing maintenance allowance passed by the trial Magistrate in favour of the Respondents. The revisional Court further directed the Petitioner to clear the outstanding amount within 15 days from the date of the order, failing which the amount due, would be recovered by attaching the Petitioner's property including his salary.