MOHAMMAD YASEEN BHAT Vs. AISHA YASEEN

JUDGEMENT

(1.) The facts chiseled out of the instant petition filed under Sec. 561-A Cr. P.C. for quashing the impugned orders dated 30th of Sept., 2015, passed by the Court of learned Sub-Judge/Special Mobile Magistrate under 13th Finance Commission, Srinagar, and, the order dated 24th of Feb., 2016 of the Court of learned Additional Sessions Judge, Srinagar, passed in the revision petition, are that the Respondent No.2 (in this petition), namely, Mst. Nadiya Yaseen, moved an application for the grant of maintenance in her favour and in favour of her minor daughter, i.e. Aisha Yaseen, before the Court of learned Sub-Judge/Special Mobile Magistrate under 13th Finance Commission, Srinagar, and, by order dated 30th of Sept., 2015, the Court directed as follows:

(2.) Heard and considered.

(3.) To bring home his argument that the learned trial Court has erred in passing the order of interim maintenance, the learned counsel for the petitioner has relied on the law laid down by this Court in the case of "Masarat Begum Vs. Ab. Rashid KhanAnr. "reported in"?2014 (3) JKJ 1 (HC)", the relevant excerpts of which are detailed below: