SHAMEEMA Vs. GH AHMAD MIR

JUDGEMENT

(1.) THE Sub Judge, Judicial Magistrate Kupwara in a maintenance application No. 19/95 under Section 488 Cr. P.C allowed maintenance to Shamima for the period of Iddat @ Rs. 500/ - per month from 15 -11 -1995 when the statement of the defendant -husband of such divorcee was recorded and also ordered maintenance of Rs. 300/ - P.M to Shahnaza his minor daughter from the date of application. This order dated 15 -2 -1996 of Judicial Magistrate, Kupwara allowing the maintenance has been subject of revision before the Court of Sessions Judge, Kupwara.

(2.) THE husband Ghulam Ahmad Mir, has challenged the order on the ground that Shamima has been divorced by him. Shamima has knowledge of the divorce. The divorce was sent to her through post much before her filing of the application for maintenance in the Court. The divorce/Talaq was not operative from 15 -11 -95 when the revision petitioner made a statement in the court, but in fact from the date Shamima got knowledge of the divorce. As Shamima got knowledge much before filing of application for maintenance, she is not entitled to any maintenance. Besides, the maintenance for period of iddat cannot be granted by the Magistrate.

(3.) THE learned Sessions Judge, Kupwara, after hearing the parties considered the matter. The Sessions Judge has referred the matter to this Court with recommendation to set aside the order of the Magistrate awarding maintenance to mother and daughter against the respondents.