AMINA BANOO Vs. AB MAJID GANAI

JUDGEMENT

(1.) IN terms of this revision petition, the petitioner has questioned the order dated 22ndMay, 2004 (hereinafter referred to as impugned order) passed by Munsiff, Judicial Magistrate 1st Class, Sumbal Sonawari in petition under section 488 Cr.P.C. titled MstAmina Vs. Abdul Majid Ganai, on the grounds taken in the memo of revision petition.

(2.) THE moot point for consideration is, whether after filing petition under section 488 Cr.P.C., the Magistrate can dismiss the petition on the plea of divorce?

(3.) I am of the considered view that it is the duty of the 1st Class Judicial Magistrate to achieve the goal, object and purpose of grant of maintenance under section 488 Cr.P.C. The purpose, object and aim of the said proceedings is social one in order to save the claimants from vagrancy, destitution and other social evils.