SALEEMA Vs. FAROOQ AHMAD SHEIKH

JUDGEMENT

(1.) ORDER dated 30.12.006 passed by Judicial Magistrate 1st Class (Sub Judge Bejibehara) is impugned. By medium of this Revision petition reversal of same is sought.

(2.) PARTIES are married to each other. From the wedlock three children are born, who are in the custody of the respondent. Petitioner putting up in her parental house, claimed to have been neglected by the respondent, which prompted her to initiate the proceedings in terms of Section -488 Cr.P.C. Learned Magistrate after conducting the full trial has dismissed the application for grant of maintenance, as according to Learned Magistrate, the petitioner without any just cause has refused to live with the respondent.

(3.) HEARD and considered. Appearing counsel for the petitioner projected that order granting maintenance was to be passed in accordance with Sub Section -1 of Section -488 Cr.P.C. Then at the stage of enforcement question of refusal on the part of the petitioner to live with the respondent could be considered an warranted in terms of the proviso to Sub Section -3 of Section -488 Cr.P.C. Order impugned as such has not been passed in accordance with the law. Meeting this submission counsel for the otherside, while relying on the Judgment reported in 1981 Criminal Law Journal 1898, submitted that proviso applies to whole of the Section.