SHOWKAT AHMAD BHAT Vs. RIFAT BASHIR

JUDGEMENT

(1.) This Petition, under Article 227 of the Constitution of India, is directed against the Order dated 1st of March, 2021 passed by the Court of learned Judicial Magistrate (Munsiff/ Additional Special Mobile Magistrate), Pantha Chowk, Srinagar, in the application filed by the Respondents/ Applicants under Sec. 12 of the Protection of Women from Domestic Violence Act (for short 'the D. V. Act') read with Ss. 18, 19, 20, 21 and 22 of the D. V. Act, whereby the Petitioner/ Non-Applicant No.1 has been directed to pay interim maintenance of Rs.4,000.00each; total Rs.8,000.00, in favour of the Applicant No.1 and her minor son, namely, Mohammad Mustafa/ Respondents herein, from the date of the application. Besides, a direction is also sought seeking strucking off the said application from the records of the Court below.

(2.) The Petitioner claims that he solemnized marriage with the Respondent No.1 on 29th of November, 2019 as per Muslim Sharia and, out of the said wedlock, the Respondent No.2 was born. It is stated that since certain disputes arose between the parties to the marriage, the Petitioner pronounced Talaq-e-Ahsan on the Respondent No.1 which was communicated to her on 28th of September, 2020 in presence of two witnesses, whereafter, the parties did not resume their marital relationship leading to the said Talaq becoming irrevocable on the completion of Iddat period.

(3.) It is pleaded that the Respondent No.1, thereafter, invoked the jurisdiction of the learned Judicial Magistrate, 1st Class, Pulwama, by filing an application under Sec. 125 of the Code of Criminal Procedure. In the said application filed by the Respondent No.1, on her own behalf and on behalf of the Respondent No.2 herein, the learned Magistrate, in terms of Order dated 9th of June, 2020, directed the Petitioner herein to pay an amount of Rs.1500.00 each per month to the Applicants/ Respondents herein as interim maintenance from the date of institution of the application.