SHAKEEL AHMED Vs. RUBINA SHAHEEN AND ANR

JUDGEMENT

(1.) In the instant petition, filed under Section 561-A Cr. P.C, petitioner seeks quashing of the order dated 21st August, 2017, passed by the learned SubJudge Special Mobile Magistrate, Rajouri in case titled, "Rubina Shaheen Vs. Shakeel Ahmed" pursuant to which petitioner has been directed to pay monthly interim maintenance of Rs. 3000/- in favour of respondent No. 2. Petitioner also seeks quashing/setting aside of the order dated 18th December, 2017, passed by the learned Additional Sessions Judge, Rajouri, pursuant to which the Revision Petition titled, "Shakeel Ahmed Vs. Rubina Shaheen" has been dismissed by upholding the order dated 21st August, 2017.

(2.) The factual matrix of the case is that the marriage between the petitioner and respondent No. 1, namely, Rubina Shaheen was solemnized way back in the year 2008 and after solemnization of their marriage, there were good and healthy relations between the petitioner and respondent No. 1 and with the passage of time and that too after the expiry of about two years, the attitude of respondent No.1 became cruel towards the petitioner and she started using abusive language against the petitioner and has also started staying at her parental house without the permission of the petitioner being her husband. According to Muslim rites and rituals, the petitioner had provided each and every thing at the time of solemnization of marriage and he was also providing all the basic amenities to respondent No. 1 according to her daily requirement, but despite that she was ill-treating the petitioner and was not ready to reside with him at her matrimonial house and without any rhyme or reason and justifiable cause started residing at her parental house, leaving behind the petitioner alone at his house. In this regard, the petitioner tried his level best to derive respondent No. 1 along with his minor son, but she did not change her cruel behavior towards the petitioner. He also made several requests to her parents for sending her back to the matrimonial house, but they did not pay any heed to his request, as a result of which the petitioner was left with no other option, but to divorce her by breaking the matrimonial relation with respondent No.1, as the same was not cordial towards the petitioner for the last more than 4/5 years. Copy of the Talaq Nama dated 14th July, 2017 is annexed with the petition as Annexure-A.

(3.) It is stated in the instant petition that respondent No.1, who has already been divorced by petitioner on 14th July, 2017 and was no more wife of the petitioner, filed a petition under Section 488 Cr. P.C before the Court of learned Sub-Judge Special Mobile Magistrate, Rajouri on 21st July, 2017 along with application for interim maintenance by leveling false and frivolous allegations against the petitioner and pursuant to which, she had prayed interim maintenance of Rs. 7000/- P.M, as in the said petition, she has stated that the monthly income of petitioner is Rs. 60,000/-P.M, which was factually incorrect, as the said application was filed by filing a false affidavit, stating therein that monthly income of the petitioner is Rs. 50,000/- P.M. Notices were issued by learned Sub-Judge Special Mobile Magistrate, Rajouri on 21st July, 2017, in which next date of hearing was fixed on 21st August, 2017 and on the same date, the petitioner along with his counsel appeared before the Court and his counsel filed Vakalatnama on behalf of the petitioner and sought time to file objections with regard to the maintainability of the above titled petition, which has been filed by leveling false allegations against the petitioner herein. On 21st August, 2018, learned Sub-Judge Special Mobile Magistrate, Rajouri without granting any time to the petitioner for filing objections to the main petition as well to the application for granting interim maintenance, has passed the order (Annexure-C) dated 21st August, 2017, pursuant to which the petitioner has been directed to pay an amount of Rs. 3000/- to respondent No.2. Feeling aggrieved of the same, the petitioner filed revision petition against the order dated 21st August, 2017 before the Court of learned Additional Sessions Judge, Rajouri on the ground that the order dated 21st August, 2017 has been passed without granting any opportunity to the petitioner for filing objections to the petition under Section 488 Cr. P.C as well as to the application for granting interim maintenance. More so, in the revision petition, the petitioner submitted that respondent No.1 has already been divorced by the petitioner vide Divorce Deed dated 14th July, 2017, which has been attested by the Notary District Court, Rajouri, as such, an opportunity for filing objections by placing on record the aforesaid Divorce Deed was required to be given to the petitioner. In addition to this, in the said revision petition, the petitioner has also stated that the petitioner is labourer by profession and his old parents are also living with him and petitioner being a poor person, he is not in possession of any landed property, as such, the interim maintenance of Rs. 3000/-, passed by the learned Sub-Judge Special Mobile Magistrate, Rajouri is very much high and keeping in view the financial condition of the petitioner, order dated 21st August, 2017 is required to be set aside with a direction to the Court below to pass a fresh order.