MANZOOR AHMAD RATHER Vs. SHAMEEMA AKTHER

JUDGEMENT

(1.) This is a reference made by the learned 4th Additional Sessions Judge, Srinagar recommending the setting aside of the order passed by Judicial Magistrate, Ist Class (Forest Magistrate) dated 19-7-1993 in recovery / execution proceeding of maintenance allowance in case titled Shamima Akther and others v. Manzoor Ahmad.

(2.) The learned 4th Additional Sessions Judge, Srinagar while recommending the setting aside of the order dated 19-7-1993 has observed as under :-

(3.) The facts in brief which have given rise to the present proceedings are that out of the wedlock of the petitioner and non-applicant No. 1, two children were born. Way back on 2-4-1988, an application for maintenance under S. 488, Cr. P. C. came to be filed by the petitioner on her behalf and on behalf of her two minor sons born out of the wedlock with the person of Manzoor Ahmad the non-applicant. The application was allowed by an order dated 27-9-1989, whereunder the non-applicant was asked to pay monthly allowance of maintenance to the tune of Rs. 150.00 for application No. 1 and Rs. 100 and Rs. 50/- respectively for applicants 2 and 3 (minor sons).