HAKIM AB RASHID Vs. TAHIRA BANOO (MST )

JUDGEMENT

(1.) BY this order, I am proposing to dispose of the reference which has been made in revision petition Nos. 8/1982 and 9/1982 titled Tahira and Asif Iqbal versus Hakim Ab. Rashid and Hakim Ab. Rashid Versus Tahira & Anr. respectively. These two reference have arisen out of the order of maintenance having been passed by the court of Judicial Magistrate 1st Class (sub -Registrar) Srinagar dated 30,10.1982, whereunder the learned Magistrate while allowing the application for maintenance on behalf of Tahira Banoo wife and Asif Iqbal, minor son of Hakim Abdul Rashid against the non -applicant under Section 488 Cr.P.C. moved before the said court way back on31.3.1980.

(2.) THE learned Magistrate after having issued notice to the respondent/non -applicant and calling upon him to file his objections or show cause why maintenance charges as envisaged under section 488 Cr.P.C. may not be made, he in response appeared and had filed his objections. In the objections besides pleading that he being a Khanadamad was ill -treated by his inlaws, the parents of the petitioner, and he had taken ill when he was turned out from his in -laws house. He went to his parental house, where he also fell ill for a pretty long time, and was being treated for his physical and mental ailments. The petitioner Mst. Tahira never visited him and she did not care for him, It is also an admitted fact that during this period, the person of the non -applicant has not paid any maintenance to the wife or to the minor child born out of wedlock, though the non -applicant before the court below had shown his ignorance about the birth of his son. He has made an offer to the wife to live with him

(3.) THE court after having recorded evidence and hearing arguments and appreciating the matter had come up with an order of maintenance with the direction that non -applicant shall pay an amount of Rs.60/ - as monthly maintenance to his wife and Rs.75/ -as maintenance to the minor child. The order was to take effect from the date of the order and not from the date of application.