MOHD ASLAM Vs. RUKSAR ASLAM

JUDGEMENT

(1.) Petitioner invokes inherent jurisdiction of this Court under Section 561-A Cr.P.C seeking quashment of judgment/order dated 21.05.2013 passed by the learned Principal Sessions Judge, Jammu dismissing the revision petition filed by the petitioner against order dated 14.12.2012 of the learned Judicial Magistrate Ist Class (2nd Additional Munsiff), Jammu whereby maintenance of Rs.2,500/- per month has been awarded in favour of the respondent.

(2.) It is stated in the petition that the petitioner solemnized the marriage with Mst. Zareena Begum in the year 1992. Out of the said wedlock two sons and one daughter (respondent) have born. The age of the elder son is 19 years who is undergoing Electric engineer course and the age of 2nd sons is 13 years who is reading in 8th class. The mother of the respondent during the subsistence of marriage with the petitioner had eloped with a person to Leh. Somehow or other the petitioner brought her back. There after she developed illicit relation with one Balbir Kumar Sharma during the subsistence of marriage with the petitioner. She pressurized the petitioner to divorce her so that she could solemnize marriage with said Balbir Kumar. In these circumstances the petitioner had no option but to divorce her. Immediately after divorce the other the respondent has changed her religion and embraced Hindu religion. She has changed her name from Zareena Begum to Meenakshi Sharma. She has married with said Balbir Kumar Sharma in accordance with Hindu rites and custom. It is further stated that after converting to Hindu religion and solemnizing the marriage with Balbir Kumar Sharma, Smt. Meenakshi Sharma pressuring the petitioner to hand over the custody of the respondent to her. That petitioner had admitted respondent in a reputed private school namely Anuradha Public School Bantalab Jammu. She was studying in 10th class in the said school. The respondent was being looked after by her father (petitioner) her brothers and even the wife of the petitioner. Unfortunately Smt. Meenakshi Sharma persuaded the respondent to leave the house of the petitioner. The respondent had gone to the School and from where she has gone to her mother and is living with her. It is further contended that at the instance of Smt. Meenakshi Sharma, the respondent has filed the petition u/s 488 CrPC in the Court of Judicial Magistrate 1st Class (2nd Addl.Munsiff) Jammu. The petitioner has filed the reply to the main petition as well as the application for interim relief. The petitioner has pleaded in the objections that the respondent is living with her mother and who has changed her religion i.e Hinduism. It is, therefore, been pleaded that her residence with her mother is against principle of Muslim personal law and consequently she was/is not entitled to any maintenance. It is further contended that the learned Magistrate vide order dated 14.12.2012 has allowed the application for interim relief and grant interim maintenance of Rs.2500/- per month. In the facts and circumstances of the case, the petitioner also sought decision/Fatwa from Mufti-E-Azam, Dar-ul-Aloom Devband. Mufti-eAzam has given the decision that in case after conversion to another religion by the mother and the daughter is living with her, then the mother herself is responsible for maintaining the daughter. The aforesaid order passed by the learned Magistrate was challenged in a revision petition before the learned Principal Sessions Judge, Jammu and the learned Sessions Judge vide its judgment/order dated 21.05.2013 has dismissed the revision petition.

(3.) The petitioner is aggrieved of the orders passed by the learned Magistrate as well as the learned Principal Sessions Judge, Jammu, therefore, he seeks quashment of both the orders on the following grounds: