NISAR AHMAD NENGROO Vs. KHALIDA

JUDGEMENT

(1.) THIS petition impugns an order dated 14.03.2005 purporting to have been passed by Chief Judicial Magistrate, Shopian in proceedings under Section 488 Cr. P. C. captioned as Mst Khalida and others v. Nisar Ahmad Nengroo wherein the learned Magistrate while allowing respondents maintenance petition has directed payment of Rs. 1000/ - to first petitioner and Rs.500/ - each to petitioners 2 to 7 on account of monthly maintenance with effect from the date of institution of the petition i.e. 14.02.2004. Grounds pleaded are that the impugned order of maintenance is bad in fact and law for the reason of having been passed without appreciating the evidence led before the learned Magistrate.

(2.) IN their objections respondents have inter alia pleaded that petitioner has projected a tailored case in the revision petition against the impugned order which in facts and circumstances of the case is well founded particularly because petitioner has deserted respondents to shift from his ancestral place of living to Srinagar and contracted a second marriage totally giving up his liability to bring up the respondents. During course of their submissions the counsel for rival sides have re -iterated contents of their written pleadings.

(3.) VIDE interim order dated 23.12.2005 petitioner was directed to deposit 2/3rd of the amount due for payment in terms of the impugned order on account whereof as per note of Registry petitioner appears to have paid in cash and kind an amount of around Rs. 65,000/ - while as his total liability as calculated is Rs. 96,000/ - and thus apparently the interim direction appears to have been carried out.