MUSHTAQ AHMED Vs. SHAHNAZ AKHTER

JUDGEMENT

(1.) The petitioner has challenged order dtd. 28/10/2016 passed by the Judicial Magistrate 1st Class, Mendhar, whereby monthly maintenance in favour of the respondents has been enhanced from Rs.3000.00 to Rs.5000.00.

(2.) It appears that respondent No. 1, who claims to be the wife and respondent No. 2, who claims to be the minor son of the petitioner, filed a petition under sec. 488 of the Jammu and Kashmir Code of Criminal Procedure before the learned trial Magistrate. The learned trial Magistrate on the basis of the evidence on record passed judgment and order dtd. 28/1/2011 whereby respondent No. 1, the wife of the petitioner was held entitled to monthly maintenance of Rs.2000.00whereas the minor son, respondent No. 2 was found entitled to monthly maintenance of Rs.2000.00 per month. It seems that the aforesaid judgment/order was challenged by the petitioner by way of a revision petition before the court of Principal Sessions Judge, Poonch who vide his order dtd. 23/11/2011 slashed down the amount of maintenance and directed that each of the respondents shall be entitled to monthly maintenance of Rs.1500.00 per month.

(3.) Subsequently, respondents moved an application under sec. 489 Cr.P.C. before the learned trial Magistrate seeking enhancement of maintenance. In their application, it was submitted by the respondents that after a lapse of more than three years, there has been escalation of prices and respondent No. 2, minor son of the petitioner, is now studying in a private school. It was further claimed that the petitioner is a Government employee drawing monthly salary of about Rs.25,000.00to Rs.28,000.00 and as such, the respondents should be paid enhanced maintenance at the rate of Rs.3,000.00 each per month.