SHABIR AHMAD KANT Vs. RIFAT JABEEN

JUDGEMENT

(1.) The respondent filed maintenance application under Sec. 488 Cr.P.C. against the petitioner herein. The application was considered and decided by the Electricity and Passenger Tax Magistrate, Srinagar vide order dated 26th October, 2013, whereunder, the petitioner herein has been directed to pay an amount of Rs. 5,000 to the respondent -claimant. The order has been made operative from the date of filing of maintenance application. This order was called in question in a Revision petition which has been disposed of by the learned 2nd Additional Sessions Judge, Srinagar vide order dated 22nd April, 2014.

(2.) The petitioner feeling aggrieved of the same has challenged it by filing petition under Sec. 561A Cr.P.C. Learned counsel for the petitioner submitted that while deciding the maintenance application, the learned Magistrate has not recorded finding about the means of income of the petitioner. Learned counsel submitted that the direction for payment of maintenance has to be made with reference to earning capacity of the petitioner.

(3.) Learned counsel submitted that the learned Magistrate has not adverted its attention' to the aforesaid proposition propounded by learned counsel and submitted that order passed by the learned Magistrate is illegal inasmuch as, he has only directed for payment of maintenance with reference to issue of living status of the parties.