GULSHANA BANO Vs. MUSHTAQ AHMAD GANIE

JUDGEMENT

(1.) Aggrieved by the order dated 30.11.2015 of the learned Additional Sessions Judge, Pulwama, passed in File No.12/Cr. Revision, the petitioner has challenged its propriety and correctness in this petition filed under Section 435 read with Section 561-A of the Code of Criminal Procedure, inter alia, on the grounds that the petitioner was married to the respondent in accordance with the mandate of the Muslim Personal Law. The said marital relationship between the parties has been subsisting till date. Having been deserted by the respondent about a year back, the petitioner preferred a motion under section 488 of the Code of Criminal Procedure, 1973 before the learned Special Mobile Magistrate, Pulwama, on 15.04.2014. In the said motion, the respondent besides admitting the marriage between the parties, as well sought to refute the entitlement of the petitioner for maintenance on the ground that he had already pronounced a verbal divorce against the petitioner which was reduced into writing after some time and was published in the print media as well. In this regard he has placed reliance on a notice published in the Newspaper "Daily Roshani". It was also pleaded that the written divorce had been sent to the petitioner through registered post. No order for interim maintenance was passed by the trial Court on the face of the stand taken by the respondent. The trial Court recording the evidence of both the parties, passed a final order dated 07.09.2015, allowing the application of the petitioner by awarding maintenance @ Rs. 4000/- per month in her favour with effect from the date of the institution of the petition. Instead of complying with the said order, the respondent chose to file a revision petition before the learned Additional Sessions Judge, Pulwama, who under his order dated 30.11.2015, allowed the revision petition and set aside the order passed by the trial Court.

(2.) The petitioner/wife has assailed the order aforesaid passed in the revision petition chiefly on the grounds that:-

(3.) Heard and considered.