LAWS(J&K)-2024-7-5

BASHIR AHMAD SHEIKH Vs. MEHRAN IBN BASHIR

Decided On July 29, 2024
Bashir Ahmad Sheikh Appellant
V/S
Mehran Ibn Bashir Respondents

JUDGEMENT

(1.) The petitioner through the medium of present petition has challenged order dtd. 11/7/2024, passed by learned Principal Sessions Judge, Budgam, whereby revision petition filed by the petitioner against order dtd. 30/1/2024 passed by learned Chief Judicial Magistrate Budgam in a proceeding filed under Sec. 125 Cr.P.C has been dismissed.

(2.) Heard and considered.

(3.) It appears that the respondents filed a petition under Sec. 125 Cr.P.C against the petitioner through their mother Shafiqa Bano before the Court of Chief Judicial Magistrate, Budgam. As per the case set up by the respondents in their petition marriage between the petitioner and mother of the respondents had taken place in the year 2011 and out of the said wedlock the respondents were born. It was alleged by the respondents in their petition that the petitioner treated their mother with cruelty and made the life of respondents miserable. It was pleaded that the petitioner neglected to maintain them, as result of which they had to remain dependent upon the earnings of their mother who is working as a teacher. It was further pleaded by the respondents before the trial Magistrate that the petitioner is a technical Engineer by profession and that he has served in Saudi Arabia and earned a huge amount of money. Therefore, he has resources to maintain the respondents who happen to be his minor children. It was also pleaded that the respondents are school going children and they have to incur huge expenses on their education, food and shelter which is being presently borne by their mother.