ABDUL QAYOOM BHAT Vs. DANISH UL ISLAM

JUDGEMENT

(1.) The petitioner has challenged order dtd. 21/1/2021, passed by learned Judicial Magistrate, 1st Class(3rd Additional Munsiff), Srinagar, in an execution petition filed by the respondents against the petitioner seeking execution of order of maintenance passed by the learned Magistrate on 21/15/2015.

(2.) It appears from the record that the petitioner, who happens to be husband of one Laila Khalid, developed a matrimonial discord with his wife. As a consequence of this discord, the respondents, who happen to be the minor children of the petitioner and aforenamed Laila Khalid, filed a petition under Sec. 488 of the Jammu and Kashmir Code of Criminal Procedure before the learned Magistrate. The said petition was disposed of on 21/12/2015 with a direction to the petitioner to pay an amount of Rs.9000.00 each to the respondents as maintenance. The aforesaid order came to be challenged by the petitioner in a revision petition before the learned Additional Sessions Judge, Srinagar, who reduced the amount of maintenance from Rs.9000.00 each to Rs.6000.00 each. The said order again came to be challenged before this Court and vide order dtd. 2/3/2017, the order of the revisional court was set aside and the order passed by the learned Magistrate was maintained. Accordingly, the petitioner was directed to pay an amount of Rs.9000.00 per month to each of the respondents.

(3.) It appears that during the pendency of the execution petition before the learned trial Magistrate, a compromise was arrived at between the petitioner and mother of the respondents and an agreement in this regard was executed by them. The execution petition, accordingly, came to be dismissed as settled in terms of order dtd. 18/7/2019 passed by the learned trial Magistrate. It seems that the settlement could not work, as a result of which respondents again approached the learned trial Magistrate by way of an execution petition. The impugned order has been passed by the learned trial Magistrate in the said execution petition and a direction has been issued to the DDO(Chief Medical Officer, Kupwara) to deduct an amount of Rs.18,000.00 on account of monthly maintenance from the salary of the petitioner. The DDO has also been directed to deduct a further amount of Rs.30,000.00 from the monthly salary of the petitioner on account of arrears of maintenance.