AASHIQ FEROZ AHANGAR Vs. SHAYISTA AKHTAR

JUDGEMENT

(1.) Learned Judicial Magistrate 1st Class, Bijbehara, in terms of order dtd. 30/1/2018, in case titled "Shayista Akhter Vs. Aashiq Feroz Ahangar" has ordered payment of an amount of Rs,9000/ per month as maintenance in favour of the respondent herein. The respondent herein had filed a petition before said Court for grant of maintenance under Sec. 488 of Cr. P. C pleading therein that she is legally wedded wife of the petitioner herein and they were married on 17th of July, 2011. The petitioner, according to her had neglected to maintain her and he having paid no heed to the requests to resume the matrimonial life, impelled the respondent to file the application.

(2.) The petitioner herein appeared before the learned trial court and submitted his objections wherein contentions were raised that the respondent herein on 20/6/2012 left his company and so she was not entitled to maintenance. It was further pleaded in the objections that the petitioner herein is ready and willing to maintain the petitioner provided she resumes relationship.

(3.) The parties were directed to lead evidence, which has been, accordingly led. The petitioner herein also had submitted that he is having a limited income of Rs.12000..00 The income which he was having as a bank employee is untrue. It was further stated that the J&K Bank had terminated him from service and he was an employee of JAMKASH Automobiles. The learned Magistrate after going through the respective pleadings and the evidence on record, turned down the contention raised on behalf of the petitioner herein regarding the quantum of his income with the observation that he was not able to produce any tangible evidence which could led the Court to infer that he was having the income only to the extent pleaded.