TARIQ MEHMOOD BHAT Vs. ZUBAIDA AKHTER AND ANR

JUDGEMENT

(1.) The instant petition has been filed, seeking recall of ex-parte order dated 25th August, 2017 of this Court and affording the petitioner an opportunity of being heard.

(2.) The facts, as these emerge from the study of the file under consideration are that the respondents had filed the petition under Section 561-A Cr.P.C., before this Court against judgment and order of 2nd Additional Sessions Judge, Jammu (Annexure-A) dated 18th August, 2015, by which the criminal revision petition against the order of Judicial Magistrate 1st Class (Sub-Judge, Jammu) (Annexure-B) dated 07th August, 2014 was partly allowed to the extent of interim maintenance granted under Section 488 Cr. P.C in favour of respondent No. 2 was upheld and the same was set aside for respondent No. 1.

(3.) It is alleged that after the order of 2 nd Additional Sessions Judge, Jammu, the respondent herein filed a petition under Section 561-A Cr.P.C., thereby seeking reversal of judgment of 2nd Additional Sessions Judge, Jammu and the same was disposed of vide judgment (Annexure-C) dated 25th August, 2017 thereby setting aside the order of 2nd additional sessions judge and held that wife was entitled to interim maintenance till Divorcee is proved during trial.