DIN MOHD Vs. SHABNAM AKHTAR

JUDGEMENT

(1.) Inherent jurisdiction of the Court under Section 561-A Cr.P.C is being invoked to seek quashment of the order of the learned Additional Sessions Judge, Doda dated 26-8-2004 whereby the learned Additional Sessions Judge, Doda has dismissed the revision petition, assailing the order of learned Judicial Magistrate Ist Class (JMIC), Doda directing the petitioner to pay maintenance allowance of Rs. 600/- per month to his wife respondent herein.

(2.) The undisputed facts are that the petitioner married the respondent, where-after the parties lived as husband and wife for some time. However, the relation between the parties got strained and the respondent, constraining her to live with her parents. The respondent on 1-7-2002, filed an application under Section 488 Cr.P.C in the Court of Judicial Magistrate Ist Class, Doda, pleading therein that the petitioner in June, 2001 after making demand for dowry, turned down the respondent from his house. It was alleged that the petitioner making use of Special Task Force Personnel of the state police, outraged the modesty of respondent and dragged the respondent to his house and that the respondent was constrained to lodge a Criminal Complaint alleging commission of offence punishable under Sections 342/354/367/109 RPC against the petitioner and Personnel of Special Task Force. The respondent averred that the petitioner avoided to pay any maintenance allowance to her despite his having recurring income of Rs. 4974/- per month in addition to income from agriculture produce. The respondent prayed for grant to maintenance allowance of Rs. 2000/- per month the amount, according to respondent, the petitioner was in a position to pay.

(3.) The petitioner resisted the application inter alia on the grounds that the respondent had left marital home of her own and on the instigation of her father, who was keen to see respondent divorced by the petitioner. The petitioner admitted to be a Class -IV employee and expressed his desire to live with the respondent as her husband and discharge his marital obligations.