GHULAM HASSAN KHAN Vs. GULNAZ KOUSER

JUDGEMENT

(1.) Petitioner has challenged order dtd. 1/11/2021 passed by Judicial Magistrate 1st Class, Pattan, whereby, while deciding application for grant of interim maintenance filed by the respondents against the petitioner herein, the learned Magistrate has awarded Rs.8000.00 per month to each of the respondents herein as the interim maintenance.

(2.) I have heard learned counsel for the petitioner on the question of maintainability of the petition.

(3.) By virtue of the impugned order passed by learned Magistrate the application for grant of interim maintenance has been finally decided on merits. The order in question is not an interlocutory order. By virtue of the said order the rights of the parties have been determined although as an interim measure. Such an order is revisable before the Court of Sessions Judge or before the High Court in terms of Sec. 435 of J&K Cr.P.C, which is applicable to the instant case. Thus there is an alternative and efficacious remedy of filing a revision before the Sessions Judge available to the petitioner in the instant case. Without availing the said remedy the petitioner has filed the petition before this Court under Sec. 482 Cr.PC. It is a settled law that a petition under Sec. 482 Cr.P.C would not lie where alternative efficacious remedy is available to the petitioner.