MANZOOR AHMAD SHAH Vs. SAMEENA

JUDGEMENT

(1.) IN proceedings Under Section 488 Cr.P.C No. 2 of 2002 on the file of 3rd Addl. Munsiff, Judicial Magistrate Srinagar, an application for interim maintenance No. 8 of 2002, was moved by Sameena on her behalf and on behalf of her minor son Manzoor Ahmad, against respondent her husband and the ward's father. In maintenance proceedings, the evidence of petitioner is in pipe -line. However, interim application has been disposed of by order dated 26.8.2002, where under interim monthly maintenance allowance is allowed in aggregate Rs. 800/ -(Rs. 400/ -each to wife and son) from 5.3.2002, the date of application, with attached condition that 'in case of failure to deposit the maintenance monthly, Rs. 100/ - is to be levied on the aggregate amount of maintenance.' This order has been subject of revision proceedings before 2nd Addl. District and Sessions Judge, Srinagar, to the extent of interim maintenance to wife and levy portion of the order.

(2.) THE Court of 2nd Addl.D&S; Judge has made a reference recommending setting aside of the impugned order to the extent of interim maintenance to the wife and ordered levy on the maintenance amount.

(3.) IT is settled law that while dealing with application under Section 488 Cr.P.C, court can grant interim maintenance (See Smt. Savitri v. Govind Singh Rawat (AIR 1966 SC 984) though there is laxion of cases which hardly need to be reproduced here.