LAWS(J&K)-2019-2-113

MST. SABIKA RIZVI Vs. SYEED SUJATH RIZVI

Decided On February 19, 2019
Mst. Sabika Rizvi Appellant
V/S
Syeed Sujath Rizvi Respondents

JUDGEMENT

(1.) In terms of the instant petition prayer has been made for quashing the procedure adopted by the learned trial court while dealing with the execution application and to pass appropriate orders warranted in the facts and circumstances of the case and ensure payment of maintenance amount to the petitioners by passing appropriate orders.

(2.) Precise grounds as projected in the petition are that the:-

(3.) On perusal of the file it transpires that on the very first date of hearing i.e. 30/10/2014, the Court after hearing the matter issued notice and directed the respondent to comply with the terms of order dtd. 11/11/2013 passed by the learned trial Court and pay interim maintenance to the petitioners herein. Thereafter, in terms of the order dtd. 1/1/2015, when it was observed by the Court that respondent was neither interested in paying the maintenance nor presented himself before the Court, as directed earlier, ordered issuance of non-bailable warrant of arrest against him executable through Superintendent of Police, Sopore and listed the matter on next day i.e. 2/1/2015. On that date, SHO concerned produced the respondent and it was directed that the respondent shall pay the remaining amount of maintenance by or before next date of hearing.