REYAZ AHMAD RAH Vs. RABIA JAN

JUDGEMENT

(1.) The application under Sec. 125 of Cr.PC was preferred by the respondent before Sub Judge/Special Mobile Magistrate, Anantnag (hereinafter referred to as the trial court). The application was considered by the learned trial court and vide order dtd. 10/5/2022, maintenance was granted in favour of the respondent/applicant to the tune of Rs.3500.00 per month till disposal of the main application. The petitioner herein filed revision against the impugned order dtd. 10/5/2022 passed by the trial court before court of Principal Sessions Judge, Anantnag (hereinafter referred to as the revisional court). The revisional court vide impugned order dtd. 1/3/2023 upheld the order of the trial court meaning thereby the respondent was held entitled to Rs.3500.00 per month from the respondent.

(2.) The present petition has been filed under Sec. 482 of Cr.PC for quashment of the orders passed by the trial court as well as the revisional court on the ground that both the courts have not dealt with the plea taken by the petitioner before both the courts. The precise submission of learned counsel for the petitioner is that the parties to the petition had divorced by mutual consent and that respondent was not unilaterally given divorce by the petitioner and respondent herein in pursuance to the said arrangement was to be provided the amount as mentioned in the document which is annexed with the present file. Both the courts were led away by mere fact that divorce granted to the respondent is required to be proved in the main petition. The respondent did not file affidavit as in terms of the judgment passed by Hon'ble Apex Court in case titled Rajnesh v. Neha reported as (2021) 2 SCC 334 is also pleaded.

(3.) The respondent has appeared through her counsel.