ALI MOHMMAD BHAT Vs. ZIA BEGUM

JUDGEMENT

(1.) ORDER :- Order of February 18, 1998 of Judicial Magistrate Bandipora, in 488, Cr.P.C. proceedings file (miscellaneous) of 1989 on the file of Bandipora Judicial Magistrate's Court, awarding maintenance of Rs. 250/- to Mst. Zia Bequm and Rs. 300/- to Farooq Ahmad S/o; Ali Mohmmad Bhat from 29-8-1989 (date of filing of application), is impugned in this revision.

(2.) Mst. Zia Bequm on her behalf and on behalf of her son Farooq Ahmad Bhat, filed an application for maintenance before Judicial Magistrate Bandipora on 29-8-89, on the ground that her husband Ali Mohmmad Bhat and father of Farooq Ahmad Bhat, has turned out both mother and son from her matrimonial home after said Ali Mohd Bhat brought his first wife Mst. Sara to his house. Mst Zia Begum is not being paid maintenance although.

(3.) After the process for maintenance proceedings were initiated by the Magistrate, it appears that though the non-applicant Ali Mohmmad failed to appear during the period from 20-12-89 to 12-2-97, no effective proceedings were taken in the case. It was only on 7-7-97 that ex parte proceedings were taken against the respondents. On 24-10-97 the application was moved on behalf of non-applicant for setting aside the ex parte proceedings. The Court rejected this prayer and the reason given is that the application has been moved at a late stage after the ex parte evidence was being recorded. In all the statement of two witnesses besides the statement of applicant Zia Begum has been recorded and the case has been decided in the Lok Adalat on 18-2-98 in ex parte.