FAHMEEDA BANO Vs. MOHAMMAD AKRAM MALIK

JUDGEMENT

(1.) The petitioners have challenged order dtd. 15/12/2017 passed by learned 1st Additional Sessions Judge Baramulla (hereinafter for short 'Revisional Court") as also order dtd. 10/7/2015 passed by learned Judicial Magistrate 1st Class Tangmarg (hereafter for short "the trial Magistrate"). Vide order dtd. 10/7/2015 passed by the trial Magistrate, the petitioners in a proceeding under Sec. 488 Cr.PC have been granted a monthly maintenance of Rs.7500.00 (Rs.2500.00 each) from the date of passing of the said order. The aforesaid order has been upheld by learned Revisional Court vide impugned order dtd. 15/12/2017 in a revision petition filed by the petitioners against the order of the trial Magistrate.

(2.) It appears that the petitioners who happen to be the wife and children of the respondent had moved the trial Magistrate seeking maintenance from the respondent. The said petition was allowed by the trial Magistrate vide order dtd. 10/7/2015, thereby granting maintenance of Rs.7500.00 (Rs.2500.00 each) to the petitioners from the date of passing of the order. The aforesaid order came to be challenged by the petitioners by way of revision petition before the Principal Sessions Judge Baramulla presumably on the grounds that the amount granted by the trial Magistrate is on lower side and that instead of the same having been made payable from the date of filing of the application, it has been made payable from the date of the order.

(3.) The learned Principal Sessions Judge Baramulla vide his order dtd. 17/9/2015, while upholding the quantum of maintenance granted by the trial Magistrate, modified the said order to the extent that the maintenance was made payable from the date of filing of the application.