ABDUL HAMID MIR Vs. KHALIDA

JUDGEMENT

(1.) Petitioner has challenged order dtd. 25/4/2016 passed by learned Judicial Magistrate 1st Class, Pampore, in a proceeding under Sec. 488 of Jammu and Kashmir Code of Criminal Procedure, whereby learned Magistrate has decided the petition for grant of maintenance filed by respondent against the petitioner and awarded a monthly maintenance of Rs.3500.00 in her favour.

(2.) I have heard learned counsel for the petitioner and perused the record.

(3.) The main ground urged by the learned counsel for the petitioner is that after the passing of impugned order, petitioner/husband has issued notices dtd. 3/10/2017 and 16/3/2018 to the respondent imploring upon her to resume matrimonial relations with the petitioner. It is further contended that the petitioner also filed a suit for restitution of conjugal rights before the Civil Court against the petitioner but all these efforts failed to bear any results and ultimately in terms of order dtd. 12/7/2020, issued by Islamic Court of Shariyat, marriage between petitioner and respondent stands dissolved. Petitioner has also relied upon divorce deed dtd. 28/9/2021, whereby Talaq has been pronounced by him upon respondent.