FAROOQ AHMAD KHAN Vs. MAHBOOBA KHAN

JUDGEMENT

(1.) Through the medium of this petition filed under Section 482 Cr.P.C., petitioner has challenged order dated 20.11.2019 passed by learned Judicial Magistrate 1st Class (City Judge), Srinagar, on an application filed by the respondent under Section 490 of the Jammu and Kashmir Code of Criminal Procedure. It has been further prayed that the entire proceedings initiated under Section 488 of Cr.P.C against the petitioner be quashed. Apart from this, the petitioner has also challenged the order dated 04.10.2017 passed by learned trial court whereby petitioner has been asked to pay interim maintenance to the respondent. A further prayer is made seeking necessary direction on an application stated to have been filed by the petitioner before the trial court on 10.11.2018 under the provisions of Section 476 read with Section 195 of the J&K Cr.P.C.

(2.) The facts emanating from the record reveal that the petitioner and respondent are legally wedded couple for the last 39 years. It appears that since the year 2014, the respondent (wife) is living separately from the petitioner (husband). It further appears that the respondent herein had filed an application for grant of interim maintenance in her favour against the petitioner herein on the grounds that she had been deserted by her husband in the old age and that she required an amount of Rs.90,000/to meet her day to day expenditure. It was the case of the respondent (wife) that the petitioner is a retired Deputy Commissioner and he is also owner of two hotels besides City School at Kakapora. The income of the petitioner was stated to be more than Rs.10.00 lacs per month.

(3.) The case of the petitioner (husband) before the trial court was that the respondent (wife) is the Manager and authorized signatory of Nausheen Guest House at Rajbagh, Srinagar. According to the petitioner, respondent earned a handsome income from the said Guest House as is evident from the bank statements which show that the income of the said Guest House is transferred to the personal account of the respondent. It was also contended that the respondent earns a rental income of Rs.15,000 per month from a flat owned by her in Zakir Nagar, New Delhi. On these grounds, it was urged that the respondent (wife) is capable of maintaining herself and her petition under Section 488 of J&K Cr. P. C. is misconceived and had been filed only with an aim to harass the petitioner.