AJAZ AHMED Vs. NELOFER ALI

JUDGEMENT

(1.) The present petition has been filed under Section 561-A of the Cr.P.C. challenging the order dated 28.05.2016 passed by the learned 2nd Additional Munsiff, Jammu under Section 488 Cr. P.C. whereby the Court below has awarded an amount of Rs. 3,000/- per month each to the respondent No. 1 who claims to be the wife and the minor child of the petitioner. Petitioner also challenges the order of attachment dated 15.06.2019 passed by the Zonal Education Officer, Mendhar whereby the pay of the petitioner has been withheld till further orders.

(2.) Learned counsel for the petitioner challenges the orders impugned primarily on the ground that in so far as the maintenance to respondent no. 1 is concerned, since the petitioner has divorced the respondent No. 1, therefore, maintenance awarded in her favour was per se illegal. It is stated that in a Suit for declaration declaring the factum of the petitioner having divorced his wife a decree also has been obtained by the petitioner against the respondent No. 1.

(3.) In that view of the matter, it is stated that maintenance awarded in favour of respondent No. 1 was clearly impermissible in law. Learned counsel, however, states that petitioner would continue paying Rs. 3,000/- to the minor child provided the salary of the petitioner is permitted to be withdrawn.