MOHD RAMZAN DAR Vs. MST HAMEEDA

JUDGEMENT

(1.) THE petitioner has come up in revision before this Court against the orders passed by Judge Small Causes Court, Magistrate 1st Class Under Section 488 Cr. P. C. and also against the order passed in revision by the learned Chief Judicial Magistrate. Srinagar.

(2.) THE case of the respondent before the trial court was that she was legally wedded wife of the petitioner who has neglected her and has refused to maintain her and her two children. The petitioner resisted the application Under Section 488 Cr. P. C. on the grounds that he was prepared to maintain his wife and his children but as the respondent was not prepared to live with him, he was not bound to pay any maintenance to her or to the children, especially so when he was a Khanadamad and under custom was not liable to pay any maintenance to his wife.

(3.) AFTER recording some evidence the trial court accepted the case- of the wife and children and allowed maintenance in favour of the wife at the rate of Rs. 60/- P. M. and for the two children at the rate of Rs. 40/- each per month. The petitioner brought a revision before the Chief Judicial Magistrate, Srinagar against this order of maintenance who, however, rejected the same and maintained the order of the trial court.