MASARAT AKHTER Vs. MOHD. AKBAR MIR

JUDGEMENT

(1.) The parties to the petition tied marital knot on 4th May, 1997. The relation between the parties was smooth for next three years, till the petitioner went to her parental house in May 2001 to attend marriage ceremony of her brother. The respondent, according to the petitioner neglected her, refused to maintain marital relations with her and to live with her as her husband.

(2.) Aggrieved with the conduct of the respondent, petitioner on 14.05.2003 approached Chief Judicial Magistrate, Srinagar with an application under Section 488 Cr.PC for a direction to the respondent to pay maintenance allowance of Rs. 4,000/- per month to the petitioner from the date the petitioner was neglected by him. The petitioner's case before trial Magistrate was that the respondent was a Government employee working as Farash in Estates Department of State Govern ment and was drawing salary of Rs. 8,000/- per month. The respondent in his objections while admitting to have contracted marriage with the petitioner on 4th May, 1997, pleaded that the petitioner had left his house of her own, without his permission and that the petitioner failed to return to her marital home despite repeated requests including a notice issued by the respondent through his Counsel asking the petitioner to resume marital obligations. The respondent denied to have refused to maintain the petitioner and to perform obligations under the marriage contract. The respondent insisted that disappointed by the conduct of the petitioner he divorced her vide Divorce Deed dated 22nd April, 2003 and even paid maintenance of Rs. 3,000/- to the petitioner for Iddat Period. The respondent also ques tioned jurisdiction of the trial Magistrate to entertain and deal with the application.

(3.) The parties led evidence in support of their respective stands.