MEHBOOB AHMAD BHAT (CAPT ) Vs. HASSINA AKHTAR

JUDGEMENT

(1.) THIS petition filed in terms of Sec. 104 of the Constitution of Jammu & Kashmir (paramateria with Art. 227 of the Indian Constitution) is for quashing and annulling the judgment and decree passed by the Additional District Judge Srinagar on 25.5.1992.

(2.) THE case in hand reflects an unpleasant matrimonial story of an affluent couple with two children ending in fiasco The petitioner at the time of filing this petition was a Captain/Pilot in Indian Airlines. He is not promoted as Commander and is plying in Air Bus in the same Corporation with an elevated status. He was married to respondent No. 1 Out of this wedlock, respondents 2 & 3 were born. Respondent No.2 is a daughter at the age of 21 years and respondent No. 3 a son, aged 15 years. Respondents 1 to 3 filed a suit for mandatory injunction before the Trial Court seeking a monthly maintenance allowance of Rs.16000/ - as, according to them, they were: neglected by the petitioner and did not have any independent source of income. The suit was filed and registered on 18.2.1992. An ex -parte judgment and decree against the petitioner was passed on 25.5.1992 whereunder an amount of Rs.3000/ - P.M. to each of the plaintiff -respondents was ordered to be paid bringing the monthly maintenance to Rs9000/ -. The petitioner filed an application for setting aside the ex -parte decree on 30 -11 -1992. That application was dismissed for default on 17.2.1993. A restoration application was filed on 12.5.1993. This application was dismissed or -12.7.1993 on its merits. Against the order of dismissal no appeal was preferred, as such the judgment and decree passed by the Trial Court on 25.5.1992 assumed finality.

(3.) THE petitioner, however, wants to assail the judgment and decree passed by the Trial Court through the medium of this petition. It will be pertinent to place on record here that during the pendency of the proceedings transfer application No, 74/95 was moved before the Supreme Court which was dismissed.