MST. TAHIRA AND ANOTHERS Vs. HAKIM AB. RASHID

JUDGEMENT

(1.) By this order, I am proposing to dispose of the references which have been made in revision petition Nos. 8/1982, and 9/1982 titled Tahira and Asif Iqbal Vs. Hakim Ab. Rashid and Hakim Ab. Rashid Vs. Tahira respectively. These two references 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, where under 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 Sec. 488 Cr. P.C. moved before the said Court way back on 31-3-1980.

(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 Sec. 488 Crimial 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 in laws, 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 also made an offer to the wife to live with him.

(3.) The Court after having 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. 60.00as monthly maintenance to his wife and Rs. 75.00 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.