ABDUL MAJEED DAR Vs. HAFIZA BEGUM

JUDGEMENT

(1.) The present petition has been filed by the petitioner for quashing the order dated 29th April, 2017 passed by Sub-Judge JMIC, Pattan (hereinafter referred to as the 'trial court') as well as the order dated 7th August, 2018 passed by the learned Principal Sessions Judge, Baramulla, , whereby the petitioner has been directed to pay maintenance to the allegedly divorcee lady. However,

(2.) The only ground which the petitioner has raised in the present petition is that he had already divorced his wife vide 'Talaq Nama' dated 2nd August, 2011 which was sent to her through registered post.

(3.) From the perusal of the record it transpires that the respondent(wife) had filed a petition for grant of interim maintenance under Section 488 Cr.P.C against the petitioner herein who contested the said petition before the trial court on the ground that he had already divorced her on 2nd August, 2011 and as such, the petitioner herein was not under any obligation to maintain divorced lady. The respondents herein in support of their case had examined the witnesses namely Abdul Rashid Wani, Ghulam Hassan and Ghulam Hassan Dar, whereas the petitioner herein had examined Ghulam Hassan Hajam, Abdul Hamid Dar, Ghulam Hassan, Mohammad Yousuf and Ghulam Mohi-ud-din(Postman). The learned trial court after considering the evidence led by both the parties and after hearing the arguments from both the sides granted maintenance of Rs.2000/= (Rupees Two thousand) per month to each of the respondents. The petitioner herein assailed the said order before the Court of learned Principal Sessions Judge, Baramulla by virtue of revision in which the sole ground was that the petitioner was not under any obligation to maintain his divorced wife so the order passed by the trial court vis-vis grant of maintenance to the non- applicants in the revision petition be set-aside. However, the learned Revisional Court vide order dated 7th August, 2018 dismissed the said petition.