TAWSEEF AHMAD GOJREE Vs. MST. RUBIYA TABASUM

JUDGEMENT

(1.) The petitioner has challenged order dtd. 13/7/2022 passed by the Chief Judicial Magistrate, Baramulla at Sopore (hereinafter referred to as "trial Magistrate"), whereby, an interim maintenance of Rs.3000.00 per month has been awarded in favour of respondent No.2.

(2.) It appears that respondents have filed a petition under Sec. 488 J&K Cr.P.C before the learned trial Magistrate, claiming maintenance from the petitioner, who happens to be the father of respondent No.2 and husband of respondent No.1. It is contended by the petitioner that a settlement was arrived at between the parties in earlier round of litigation and award dtd. 8/4/2017 came to be passed by the Lok Adalat, whereby the earlier petition filed by the respondents under Sec. 488 of J&K Cr.P.C came to be disposed of. It has been alleged that without considering this aspect of the matter, the learned trial Magistrate has passed the impugned order directing payment of Rs.3000.00 per month as interim maintenance in favour of respondent No.2. It has also been submitted that the Judicial Magistrate 1st Class (Sub Judge) Kupwara has, in the proceedings filed under Sec. 12 of the Protection of Women under Domestic Violence Act (hereinafter referred to as "the D.V.Act") against the petitioner, awarded interim monetary maintenance of Rs.2500.00 in favour of respondent No.1 and Rs.2000.00 in favour of respondent No.2. According to the petitioner this aspect of the matter has also not been taken into account by the learned trial Magistrate while passing the impugned order. Lastly, it is contended that the petitioner is ready to take the respondents into their fold and it is the respondents who, without any justification, are avoiding to join his company.

(3.) Heard learned counsel for the petitioner and perused the record of the case.