HAROON RASHID Vs. SHAHEENA

JUDGEMENT

(1.) ALREADY revision has been filed by the petitioner against the order of maintenance passed by the court of City Magistrate, Srinagar. The said order has not been modified by the revisional court (Session Judge, Srinagar). In fact one of the claimants i.e. Mst, Shaheena wife of the non -applicant has relinquished her claim before the court of Sessions Judge, Srinagar. Thus by such relinquishment, there has been no modification made by the learned Sessions Judge, Srinagar while disposing of the revision petition.

(2.) THE contention of learned counsel for the petitioner that some modification has been done by learned Sessions Judge in the order of the trial court is not well founded. So there is statutory bar in challenging the order of trial court which has already been challenged before a competent court of concurrent jurisdiction with this court i.e. Sessions court.

(3.) FOR the foregoing reasons, this revision petition is misconceived and is accordingly dismissed. The order of the trial court regarding payment of maintenance to the child from the date of application is up -held, as no illegality or irregularity has been committed by the trial Magistrate, in passing the order of maintenance. However, order regarding maintenance of wife, the wife has herself relinquished her claim after the divorce, so there is no need to modify the order, or rectify it.