GH MOHD MALLA Vs. HALIMA

JUDGEMENT

(1.) IT is unfortunate that the file was misplaced. However, on having been traced out and from the perusal of the file and recollecting the arguments advanced in this revision petition, I after appreciating the same do find that the petitioner had challenged the order dated 31 -8 -1991 passed by Judicial Magistrate (1st. Additional Munsiff, Srinagar) on an application under section 488 (4) Cr.P.C, before the Chief Judicial Magistrate, Srinagar, for offer of maintaining the non -applicant Mst. Halima.

(2.) IT may be noted that the provisions of Section 488 Cr.P.C. have been enacted for safeguard of destitute women and children who are not being maintained by the personnel having sufficient means, neglect to maintain them as their wives or legitimate children. These provisions have been enacted only to safeguard the negligence for maintenance/refusal to maintain the legally wedded wife or her children. The provisions further envisage that at the time of enforcement of order or even during the pendency of proceedings, the husband can make offer to maintain his wife and the Magistrate is called upon to consider such offer and if the Magistrate is satisfied that there are just grounds for such offer, he may allow the application and consider the offer made by the husband bonafidely.

(3.) IN this backdrop, the petitioner in this revision petition, non -applicant before the Magistrate had made an application for offer. This application of offer was considered by the Magistrate after having obtained objections from the petitioner Mst. Halima.