JAVID AHMAD WANI ALIAS WAZA Vs. NIGEENA AKHTER

JUDGEMENT

(1.) The facts chiseled out of the instant petition filed under Section 561_A Cr. PC for quashing and setting aside the impugned judgment and order dated 03.04.2017, passed by the learned Judicial Magistrate 1st Class Charar-iSharief, whereby maintenance has been awarded in favour of the respondent herein, at a monthly rate of Rs. 5000/- from the date of the institution of the application, i.e., 03.05.2014, are that the respondent herein entered into a matrimonial alliance with the petitioner herein on 31.09.2011. After this marriage, the respondent/wife lived happily with the petitioner/husband for some period, whereafter, she (the wife) left her matrimonial home and took refuge in her parental home. In his objections filed by the petitioner/husband before the Trial Court, he pleaded that he has already divorced his wife and placed on record the deed-of-divorce, the relevant excerpts of which are extracted below word for word and letter for letter:

(2.) Aggrieved by the order aforesaid, which directed the petitioner/husband to pay a monthly allowance of maintenance in favour of his wife, the petitioner assailed the same before this Court, mainly on the ground that he has divorced his wife before the date of filing the application under Section 488 Cr. PC and, therefore, the relationship of a husband and wife in between them has ceased to exist from the said day and, as a sequel thereto, she is not entitled to claim any maintenance from him.

(3.) Heard and considered.