SHOWKAT AZIZ ZARGAR Vs. NABEEL SHOWKAT

JUDGEMENT

(1.) The petitioner has invoked the jurisdiction of this Court under Sec. 561-A of the J&K Cr. P. C (corresponding to Sec. 482 of the Central Cr. P. C) challenging order dtd. 16/10/2018 passed by learned Judicial Magistrate, 1 st Class (2nd Additional Munsiff) Srinagar, whereby application of the petitioner seeking cancellation of maintenance order granted in favour of the respondents has been dismissed. Challenge has also been thrown to order dtd. 11/7/2019, passed by learned 4 th Additional Sessions Judge, Srinagar, whereby revision petition against the aforesaid order of the learned trial Magistrate has been dismissed.

(2.) It appears that the respondents, who happen to be the sons of the petitioners, had moved a petition under Sec. 488 of the J&K Cr. P. C before the learned trial Magistrate and the said petition came to be disposed of by a consent order passed on 18/2/2012 whereby a monthly maintenance of Rs.1200.00 was awarded to each of the respondents. It is pertinent to mention here that the respondents at the relevant time were residing with their mother Neelofer Jan, who was living separately from her husband, the petitioner herein. The petitioner retired from service and thereafter the respondents also attained the age of majority. The petitioner moved another application before the learned trial Magistrate seeking cancellation of maintenance granted in favour of the respondents. In the application it was claimed by the petitioner that respondent No.1 has attained the age of majority on 22/10/2016 whereas respondent No.2 has attained the age of majority on 14/3/2018. The said application was dismissed by learned trial Magistrate and while doing so, he relied upon the ratio laid down by this Court in the case of Surjeet Kour and anr. bs. Bachhitar Singh, 2005 (I) S.L.J 111.

(3.) As already noted, the revision petition filed by the petitioner against the aforesaid order was also dismissed by 4th Additional Sessions Judge, Srinagar, vide his order dtd. 11/7/2019.