KHURSHEED AHMAD GANIE Vs. TAHIRA

JUDGEMENT

(1.) Petitioner has challenged order dtd. 12/10/2021, passed by learned Chief Judicial Magistrate, Ganderbal, in a proceeding under Sec. 489 of Jammu and Kashmir Code of Criminal Procedure initiated by respondents against the petitioner seeking enhancement of maintenance.

(2.) It emerges from the record that respondents, who happen to be the wife and children of petitioner, filed a petition under Sec. 488 of J&K Cr. P. C against the petitioner, which came to be decided by the learned Magistrate on 31/10/2006 and a monthly maintenance of Rs.3000.00 was awarded in favour of each of the respondent. It seems that respondent No.1 filed an application under Sec. 489 of J&K Cr. P. C seeking enhancement of maintenance allowance on the ground that the salary of the petitioner, who is a Government employee, has undergone hike. Vide order dtd. 22/3/2012, the maintenance allowance was enhanced to Rs.6000.00 per month in favour of each of the respondent. Thereafter another application came to be filed by the respondent No.1 seeking enhancement of monthly allowance, which came to be decided vide the impugned order dtd. 12/10/2021 and the monthly maintenance has been enhanced to Rs.8000.00 per month in favour of each of the respondent. As per the impugned order, the petitioner herein despite notice did not participate in the proceedings and the learned Trial Magistrate on the basis of exparte evidence led by respondents herein passed the impugned order.

(3.) Petitioner has challenged the impugned order on various grounds, particularly on the grounds that respondents No.2 to 4 are major; that the learned Magistrate while passing the impugned order has not taken into account the fact that the petitioner is an employee of lower level drawing a meagre salary and that petitioner has to liquidate the loan which he has taken to run the family affairs.