NUSRAT MEHMOOD Vs. SHEIKH SAMEER ALTAF

JUDGEMENT

(1.) The position as emerge from the records is that the petitioner and the respondent were married to each other and out of wedlock, one female baby is born. Petitioner claiming that she has been deserted/neglected, filed petition under Section 488 Cr. P. C for grant of maintenance and also an application for grant of interim maintenance. Learned Judicial Magistrate (Sub Registrar), Srinagar, vide order dated 05.08.2017, granted interim maintenance to the tune of Rs.4000/ from the date of filing of application.

(2.) Aggrieved thereof, respondent filed revision petition which has been allowed by the Court of learned 1st Additional Sessions Judge, Srinagar, vide detailed order dated 24.02018. Learned revisional court noticed that the respondent has divorced the petitioner vide divorce deed executed on 14th October, 2016 which had been sent to the petitioner through registered post. Then while referring to the judgment of this Court reported in 2014 (3) JKJ 1 to the effect that Section 488 Cr. P. C does not contemplate grant of interim maintenance but same has been developed by law of precedence, for grant whereof prima-facie case has to be made out which the petitioner has not been able to make out because on the date she had filed petition for grant of maintenance i.e. 07.12016, she was allegedly divorced on 14.10.2016 and in terms of divorce deed, the relationship as husband and wife, prima-facie, did not exist.

(3.) Learned revisional court has also noticed that according to petitioner she never received the divorce deed, therefore, had no knowledge Same would be a question of fact to be determined during trial of the petition.