HASEENA Vs. AHAD GURRU

JUDGEMENT

(1.) THIS is a reference made by the Additional Session Judge, Srinagar, recommending that the order of the Judicial Magistrate, Ganderbal dated 20 -8 -1976 dismissing an application under section 488 Cr.P.C. be set aside, and that the claim of the maintenance of the three minor children of the respondent be allowed,

(2.) AN application under section 488 Cr. P. C. was presented before the court of the Judicial Magistrate, Ganderbal, on behalf of Haseena, Salimma and Miraj -u.d -Din, the three minor children of the respondent. The application was resisted on the ground that the respondent was a Khana Damad and that he was prevented to live with his wife by the relations of his wife. The respondent denied that he had neglected or refused to maintain this children. The magistrate after holding enquiry dismissed the application. The learned Additional Sessions, Judge, was moved in the revision. He did not agree with the judicial Magistrate that the respondent had not refused or neglected to maintain his minor children. There was unimpeachable evidence on the record to show that for last many years the minor children were living with their mother and no attempt was made by the respondent to maintain them. According to the learned Addl. Sessions Judge the respondent was under statutory obligation. to maintain his minor children and he could not escape, this liability. The learned Judge also found that the respondent was a man possessed of sufficient means and that he could afford to pay at -least Rs. 80/ - P. M. by way of maintenance to his minor children.

(3.) I agree with the observations made by the learned Addl. Session Judge. It has been established from the evidence that the three minor children are living with their mother. According to the evidence available and as appraised by the learned Sessions Judge, it is not established that the respondent ever cared to maintain them. A legal obligation is cast on the father to maintain his minor children. I would, therefore, allow this reference, and order that the respondent will pay Rs. 80/ - P. M. to his minor children from the date when the application was decided by the Judicial Magistrate i.e. from 20 -8 -1976.