WAJAHAT HASSAN Vs. HUMA ZAFFAR

JUDGEMENT

(1.) PETITIONER has involved jurisdiction of this Court in terms of Section 561 -A Criminal Procedure Code (for short the Code) for quashing proceedings drawn and initiated by the Judicial Magistrate Sub Judge, Small Causes Court, Srinagar, in a petition for grant of maintenance filed by respondent No. 1 Mrs. Huma Zaffar on her behalf and on behalf of her son respondent No. 2 on the grounds taken in the petition.

(2.) HEARD . Learned counsel for the petitioner has argued that in a petition under Section 488 of Code proceedings drawn and orders passed are abuse of process of law on the ground that respondent No. 1 Mrs. Huma Zaffar, applicant No. 1 before the trial court has contracted marriage with petitioner herein Wajahat Hussain during the subsistence of her first marriage, thus the marriage is void and proceedings under Section 488 of the Code are not maintainable. She does not fall within the definition of Wife as given in Section 488 of the Code.

(3.) THE sole question which needs determination is where this petition is maintainable? And whether grounds are available to the petitioner in order to seek quashment of the petition under Section 488 of the Code, the answer is negative for the following reasons.