MASRAT BEGUM Vs. ABDUL RASHID KHAN

JUDGEMENT

(1.) This petition under Section 561-A Cr. P. C. has been filed by the petitioner seeking quashing of order dated 28.07.2010 passed by the learned Principal Sessions Judge, Kupwara, in Criminal Revision, File no.30/Revision, arising out of the order dated 16.12.2009 passed by the learned Chief Judicial Magistrate, 1st Class, Handwara, granting interim maintenance of Rs.1,000.00 each in favour of the petitioner herein and respondent no.2. The revision petition had been filed by the respondent herein on the ground that he had divorced his wife, petitioner herein, by a written document prior to the date of the filing of the petition for maintenance before the learned Magistrate and, therefore, the petitioner was not entitled to any maintenance from him.

(2.) The marriage between petitioner and respondent no.1 had taken place somewhere in November, 2000. Out of the wedlock, a male child, namely, Saqleen Rashid, Proforma respondent no.2 herein, was born.

(3.) On 04.08.2009, the petitioner filed an application under Section 488 of the Code of Criminal Procedure in the Court of Chief Judicial Magistrate, Handwara, against respondent no.1 seeking maintenance for her and the minor child. In the said application, the petitioner, inter alia, stated that she is the legally wedded wife of respondent no.1 herein and that for the last one year respondent no.1 had deserted and neglected her and the minor child, and had refused to maintain them. She alongwith the minor son was living at her parental home. Alongwith the aforesaid petition, the petitioner also filed an application for grant of interim maintenance.