MUSHTAQ AHMED Vs. MST. FIRDOS TAHIRA AND ANR.

JUDGEMENT

(1.) Through the medium of present petition, petitioner seeks quashing of order dated 09.02.2012, passed by the court of learned 2nd Additional Sessions Judge, Jammu in File No. 133-A/Misc. titled Mushtaq Ahmed v. Firdos Tahira& another and judgment dated 31.08.2009, passed by the court of learned Special Mobile Magistrate, Jammu in file No. 06/Complaint titled Firdos Tahira v. Mushtaq Ahmed.

(2.) It is stated in the petition that the petitioner was married to respondent No.1 and the respondent No. 2 is the daughter of petitioner. The marriage between the petitioner and respondent No. 1 has been dissolved by medium of a divorce deed executed and registered with Notary Public on 01.03.2004 and after dissolution of the marriage, the matrimonial relations between the parties have ceased. The said divorce has been given as per Muslim Personal Laws and after the divorce, the petitioner has paid maintenance to the respondent No. 1 till the period of Idat as is requirement of the Muslim Personal Law. After the expiry of Idat, the respondent No. 1 is not entitled to any maintenance from the petitioner being his divorced wife as per the provisions of section 488 of Cr.P.C., 1973 It is further stated that the respondent No.1 herein filed a petition for grant of maintenance under Section 488 Cr.P.C., 1973 for herself and for her daughter i.e. respondent No. 2 before the court of learned Special Mobile Magistrate, Jammu in which evidence adduced by the respondents was recorded. However, the learned Magistrate did not record the statement of the petitioner or his witnesses and proceeded ex-parte against the petitioner on 04.06.2009 despite the fact that the petitioner was present in the court. The ex-parte Judgment dated 31.08.2009 was announced against the petitioner by the learned Magistrate whereby the learned Magistrate granted maintenance to the respondents @ Rs. 3,000/- per month. Being aggrieved of the Judgment dated 31.08.2009 passed by the learned Magistrate, the petitioner herein filed a revision petition before the court of learned 2nd Additional Sessions Judge, Jammu titled Mushtaq Ahmed v. Firdos Tahira& another . The said revision petition has been dismissed by the learned 2nd Additional Sessions Judge, Jammu vide order dated 09.02.2010 on account of non-payment of 75% of the arrears of maintenance by the petitioner. It is further stated that the petitioner maintains the present petition on the following grounds:-

(3.) I have heard learned counsel for petitioner, who has reitirated all grounds taken in memo of petition. I have also considered the law on the subject.