MUSHTAQ AHMAD MALIK Vs. ZAINAB AKHTAR

JUDGEMENT

(1.) The present petition has been filed by the petitioner under section 561A Cr.PC. (now 482 Cr.P.C.) for setting aside the judgment dated 31.12.2013 passed by the learned Sessions Judge, Jammu (hereinafter to be referred as the revisional court) by virtue of which the revision petition filed by the petitioner against the order dated 01.06.2013 passed by the Judicial Magistrate 1st Class (2nd Addl. Munsiff, Jammu) (hereinafter to be referred as the trial court), has been dismissed.

(2.) It is stated that the respondent (wife) filed a petition under section 488 Cr.P.C. against the petitioner (husband) and the same petition was objected by the petitioner on the ground that he had already pronounced 'triple talak' upon the wife on 30.03.2008. It is further stated that the petitioner was made to understand that the petitioner would have to pay the maintenance, even if, the wife was divorced and on this understanding, the petitioner agreed to pay maintenance as there was no option with the petitioner to pay maintenance to the wife even though the respondent stood divorced by the petitioner.

(3.) Thereafter, an application was moved for disposal of the application for grant of maintenance in terms of compromise effected between the parties and the learned trial court vide order dated 24.01.2011 disposed of the said application as per the compromise by virtue of which the petitioner was under obligation to pay Rs. 1500/- per month to the respondent from the date of order and in addition, the petitioner was directed to pay Rs. 1500/- per month to the respondent from 02.02.2011 to 02.01.2013 to liquidate the arrears of Rs. 36,000/-.