WAHID AHMAD KHAN Vs. RABIYA JAN

JUDGEMENT

(1.) In this petition, filed under Section 561-A of the Code of Criminal Procedure (Cr. P.C.), the petitioner beseechs that the order dated 15th of February, 2017, passed by the learned Judicial Magistrate, 1st Class (Munsiff), Charari Sharief, in an application filed by the petitioner on behalf of his brother for setting aside the order dated 15th of April, 2015, passed in ex parte in an application under section 488 CR.P.C, 1973 be quashed.

(2.) Heard and considered.

(3.) What is brought to the fruition from the perusal of the order impugned, in this petition, is that Wahid Ahmad Khan, the petitioner herein being the brother of Ishtiyaq Ahmad Khan, i.e. the husband of Rabiya Jan (respondent herein this petition), presented an application before the learned trial Court for setting aside the ex parte order, whereby Instiyaq Ahmad Khan, the husband of the respondent, was directed to pay maintenance in her favour. The husband failed to pay the maintenance, as a sequel to which, the respondent filed an execution petition. During the pendency of the execution petition, the petitioner, i.e. the brother of the husband of the respondent, filed an application before the Court with the request that the order dated 15th of April, 2015, passed in ex parte, in an application under section 488 of the Code of Criminal Procedure, 1973 (Cr. P.C.), be kept in abeyance pending disposal of his application seeking setting aside of the order of ex-parte. The learned Magistrate, after taking an overall view of the matter, dismissed both the applications, viz. the application seeking setting aside of the ex parte order and the application for staying the operation of the order passed in ex parte directing the payment of maintenance. In addition, the learned Magistrate imposed compensatory costs to the tune of Rs. 30,000/- on the petitioner before this Court, with a further direction that these shall be paid to the respondent lady. The relevant excerpts of the said order as are germane to the decision of this petition are detailed below, verbatim et literatim: