G H RASOOL MALIK Vs. AMINA

JUDGEMENT

(1.) ORDER :- This revision is directed against the order dated 22-6-1995 passed by learned Sessions Judge, Baramulla in the revision petition titled Ghulam Rasool Malik v. Smt. Amina and others.

(2.) In order to appreciate the matter in controversy in its real perspective, a brief resume of the facts of the case requires to be marshalled.

(3.) Non-applicants/respondents before me had filed an application under Section 488 Cr. P.C. in the Court of Judicial Magistrate, Ist, Class Baramulla on 12-12-1990. This application was on behalf of Smt. Amina D/o Mohammad Sultan Nadroo, Razia (minor) alias Saira Banoo and Monisa (Minor) daughters of Dr. Gh. Rasool R/o Mohalla Muslim Peer, Sopore, against the petitioner Dr. Ghulam Rasool Malik S/o Sonaullah Malik R/o Galoora, tehsil Handwara, on the averments that the non-applicant petitioner before this Court had turned her out along with minor children from his house and deserted the applicant and neglected them and failed to maintain them about more than a year before the institution of the application for maintenance. Applicant No. 2 is stated to be studying in English medium school and applicant No. 3 at the time of filing a petition was only four years' old. It is also averred that non-petitioner Smt. Amina is an unemployed woman and has no means of livelihood at all and for the reasons mentioned above, she has been made to live a miserable life. On the other hand, petitioner before me is a well to do person and is a Doctor in the Animal Husbandry Department. He is possessed of sufficient means and is in a position to maintain the non-petitioners and so on.