SIKANDER HUSSAIN Vs. SHAHEEN KOUSER

JUDGEMENT

(1.) SIKANDER Hussain has filed this petition under Section 561a Cr. P. C. seeking quashing of District Judicial Mobile magistrate 1st Class Rajouri's order of August 30,2005 directing the petitioner to pay monthly maintenance allowance of Rs. 600 to the respondent and order of December 19,2006 of learned Sessions Judge, Rajouri refusing to interfere with the order of the learned Magistrate.

(2.) MR. R. P. Sharma, petitioner's counsel questions the Magistrate's order on the ground that he had no jurisdiction to award maintenance to the respondent in view of the refusal of the Army Authorities to sanction maintenance in her favour on the ground that petitioner had divorced her as per Muslim law.

(3.) MR. Sher Khan, appearing for the respondent justifies the Magistrate's order saying that refusal of the Army Authorities to pay maintenance to the respondent would not bar the jurisdiction of the Magistrate to sanction maintenance under Section 488 of the Code of Criminal Procedure.