ABDUL RASHID Vs. SHAMEEMA BEGUM

JUDGEMENT

(1.) The present petition has been filed by the petitioner for setting aside the order dated 19.07.2011, passed by the Court of learned Sessions Judge, Ramban (hereinafter referred to as the "Revisional Court"), by virtue of which the order passed by the learned JMIC, Ramban dated 6.12.2010, granting maintenance of Rs. 2,000/- to the respondent was upheld.

(2.) The petitioner has filed the present petition primarily on the ground that the Revisional Court dismissed the petition on the ground of limitation and further that the order passed by the learned trial Court was ex-parte order and the said order has been passed without recording the reasons as required under Section 488 Cr. P.C and lastly that the petitioner and the respondent had executed talaqnama, so no relationship of husband and wife existed between the parties, as such, she was not entitled to maintenance but still the learned trial Court has granted the same.

(3.) Brief facts necessary for disposal of the present petition are that the respondent had filed a petition for grant of maintenance under Section 488 Cr. P.C. and the petitioner herein had filed the response but later on he absented himself and as such ex-parte proceedings were initiated against the petitioner vide order dated 12.04.2010 by the learned trial Court. The learned trial Court after examining the respondent and two witnesses vide order 06.12.2010 granted a maintenance of Rs. 2,000/- per month to the respondent. Aggrieved of this, the petitioner instead of approaching the same court for setting aside the said order within the stipulated time preferred a revision petition before the learned Sessions Judge, Ramban, who dismissed the said revision petition vide order dated 19.07.2011 by holding that the revision is time-barred.