(1.) THIS revision has been filed by the petitioner against the order dated 11 -12 -1993 passed by learned revisional Court of Sessions Judge, pulwama, where under learned Sessions Judge has rejected the revision petition of the petitioner filed against the order purported to have been passed by Chief Judicial Magistrate, Shopian on 4 -3 -1993.
(2.) THE facts in brief which have given rise to the present case are that the parties are related to each other as husband and wife. The person of the respondent herein came to be married with the petitioner and just after three and a half years of marriage, the relationship between the parties became strained, which constrained the respondent herein to file a claim for maintenance under Section 488 Cr.P.C. before the learned Chief Judicial Magistrate, Shopian on 23 -12 -1992. It is alleged by the petitioner that no notice was served to him and no summon has ever been received by him from the Court of learned CJM Shopian in the proceedings under section 488 Cr.P.C.
(3.) ON the other hand, record summoned from the Court below reveals that registered notice has been issued to the petitioner herein who is alleged to be working and serving in Jammu and Kashmir Armed Police, 9th Bn. The notice was issued on 28 -12 -1992 and on this registered notice, the Court had proceeded against the petitioner in exparte and after recording evidence passed the order, on 4 -3 -1993 where under application for maintenance was allowed and the applicant/respondent herein was granted monthly maintenance of Rs. 250/ - from the date of institution of the application.