MOHAMMAD SHAFI BHAT Vs. HALEEMA BEGUM

JUDGEMENT

(1.) Respondent, Mst. Haleema Begum, has filed a petition under section 488, Code of Criminal Procedure (for short the Code) against petitioner, Mohammad Shafi Bhat, seeking an order directing the petitioner to pay her monthly maintenance allowance of Rs. 3,000/-. She also moved an application for interim maintenance at the rate of Rs. 1,000/- per month till final disposal of the main petition. Briefly, respondent has alleged before the trial Magistrate that petitioner has turned her out of his house and refused to maintain her as his wife. She is working as Anganwari Worker in Anganwari Centre on daily wage basis and gets meager wages, which are insufficient to make her both ends meet. She requires more than Rs. 3,000/- per month in order to meet her expenses.

(2.) The petitioner has contested respondent's claim for maintenance on the grounds, firstly, that he has divorced the respondent on 22.02.2011 by a "Talaknama" which has been sent to her by registered post on 05.03.2011 and secondly, that the respondent is a working hand as she is working as Anganwari Worker at an Anganwari Center.

(3.) Learned trial Magistrate by order dated 13.6.2011 directed the petitioner to pay interim maintenance at the rate of Rs. 1,000/- to the respondent till final disposal of the main petition. Petitioner challenged the said order in a revision before ld. Sessions Judge, Kupwara, but the ld. Sessions Judge by his order dated 30.5.2012 dismissed the revision. Petitioner has now invoked inherent jurisdiction of this Court under Section 561A of the Code for setting aside the order passed by ld. Magistrate as well as the order passed by the ld. Sessions Judge.