TASLEEMA Vs. AIJAZ AHMAD SHEIKH

JUDGEMENT

(1.) IT appears that Mst. Tasleema, wife of Aijaz Ahmad Sheikh, presented an application under Section 488 Cr.P.C. on 22nd July, 2004, invoking the jurisdiction of Chief Judicial Magistrate, Srinagar for granting of maintenance to her and her minor girl, namely, Khushban Aijaz, which was transferred to the Court of IInd Additional Munsiff, Srinagar. The respondent filed objections.

(2.) IT appears that learned Magistrate passed order dated 18th March, 2005 whereby the learned Magistrate has granted interim maintenance in favour of minor girl from the date of order and refused to grant interim maintenance to the wife, applicant no.1.

(3.) THE petitioners feeling aggrieved about the said order, directed revision petition against the said order before the Pr. District & Sessions Judge, Srinagar and the said revision petition came to be transferred to the Court of Ist Additional Sessions Judge, Srinagar. The learned Ist Additional Sessions Judge, Srinagar, after hearing the parties came to the conclusion that the Magistrate has fallen in error while refusing interim maintenance to wife, applicant no.1 and has also held that the maintenance should have been granted in favour of minor girl from the date of application and recommended that the petitioner no.1, wife, is entitled to maintenance at the rate of Rs.1000/ - per month from the date of application and the minor girl is entitled to interim maintenance at the rate of Rs.800/ - per month from the date of application and accordingly made the reference to this court.