ASIF ALI Vs. RUBEENA AKHTAR AND ANOTHER

JUDGEMENT

(1.) This is a petition under Section 561-A Cr.PC read with Section 104 of the Constitution of Jammu and Kashmir for setting aside of the order dated 23.03.2015, passed by learned Principal Sessions Judge, Reasi and order dated 13.12.2013, passed by learned CJM Rajouri under Section 489 Cr.PC titled " Rubeena Akhtar and anr. v. State and ors."

(2.) The petition under Section 488 Cr. PC came to be filed in May, 2009 by the respondent in the Court of Munsiff, Mobile Magistrate, Rajouri. Subsequently, the matter came to be referred to the Lok Adalat for settlement/compromise. A settlement was arrived at, whereby Rs. 2,000/- was payable to the respondent No. 1 and Rs. 1,500/- to respondent No. 2 (minor daughter) of the petitioner. The matter was accordingly settled before the Lok Adalat as can be seen from the order dated 31.10.2011.

(3.) It is stated that merely a few months after the date of the compromise before the Lok Adalat, respondent No. 1 again filed an application under Section 489 Cr. PC for enhancement of the maintenance from Rs. 3,500/- to Rs. 10,000/- on the ground that the maintenance so awarded was insufficient.