ZAHOOR AHMAD BANDAY Vs. YASMEEN JAN

JUDGEMENT

(1.) LEARNED 3rd Additional Sessions Judge, Srinagar has made this reference with the recommendation that interim maintenance granted in favour of respondent no. 1 is not warranted under law and interim maintenance granted in favour of Respondent no. 2 is on higher side.

(2.) HEARD . Perused. It appears that respondents, herein, have filed an application under Section 488 Cr.P.C. for grant of maintenance, which is pending before 1st Class Judicial Magistrate (4th Additional Munsiff), Srinagar and along side the application under Section 488 Cr.P.C. the respondents have also filed an application for grant of interim maintenance. The learned Magistrate after hearing both the parties has granted interim maintenance to the tune of Rs. 1000/ - and Rs.800/ - in favour of respondens 1 and 2 herein, respectively vide order dated 25th May, 2004.

(3.) FEELING aggrieved by the said order, the petitioner Zahoor Ahmad Banday filed a revision petition before the learned Pr. Sessions Judge, Srinagar, who transferred the same to 3rd Additional Sessions Judge, Srinagar. The learned 3rd Additional Sessions Judge, Srinagar, after hearing the arguments made a reference to this Court and has recommended that interim maintenance granted in favour of, respondent no.1 is not warranted under law, respondent no.2 to the tune of Rs. 800/ - be reduced to Rs. 500/ -.