NIYAZ AHMAD BHAT Vs. SHAMEEMA

JUDGEMENT

(1.) MST . Shameema petitioner herein, on 11th July 2005 filed an application under section 488 Code of Criminal Procedure on her behalf and on behalf of her minor son Master Akib Niyaz against respondent in the court of Chief Judicial Magistrate, Srinagar. The petitioner pleaded that in the year 2004 she along with her minor son was thrown out by her husband from her marital home and was thereafter left by him without any maintenance allowance. It was pleaded that respondent was possessed of sufficient means while petitioner and her son had no source to fall back upon.

(2.) THE respondent opposed the application, inter-alia, on the ground that he had divorced the petitioner vide Divorce Deed dated 6th July 2005, duly served on petitioner and that he, therefore, was not under any obligation to pay maintenance allowance to petitioner Mst. Shameema. The respondent, to lend support to his stand, placed photo copy of the Divorce Deed dated 6th July 2005 on the file.

(3.) THE order dated 26th March 2007 was questioned by respondent (petitioner before the Revisional Court) in Criminal Revision Petition No.07/2007. The respondent reiterated that he had divorced petitioner a few days before she approached the Trial Magistrate with the application under section 488 Cr.P.C and therefore, he was not liable to pay any maintenance allowance to petitioner. It was insisted that the relationship of husband and wife had come to an end with effect from 6th July 2005 and that the parties in addition to the Revision Petition, were entangled in litigation under section 25 of Guardian & Wards Act 1977 before the court of Principal and Sessions Judge Srinagar. The Trial Magistrate, according to respondent, did not appreciate the evidence in its right perspective and did not afford him an opportunity to rebut the stand taken by petitioner. The Revision Petition was dismissed on 3rd September 2007 as devoid of any merit.