LIAQAT ALI Vs. NASEEM AKHTER

JUDGEMENT

(1.) The petitioner has filed the present criminal revision against order dtd. 22/1/2019 passed by learned Sub-Judge (JMIC), Nowshera by virtue of which the learned Magistrate has allowed the application under Sec. 488 Cr.P.C. and has granted Rs.2,500.00 per month as interim maintenance to the respondent.

(2.) The brief facts of the present case are that the parties to this petition got married on 12/3/2009 in pursuance to the Nikah performed in accordance with Islam, however, Rukhsati was done on 9/12/2009. Within a couple of days, the respondent left her matrimonial home and unfortunately the respondent was observed of having illicit relation with one Ravinder Singh resident of Nowshera even prior to her marriage. This fact was noticed by even the relations from her own side and in order to camouflage the immoral act of the respondent, an FIR under Sec. 376RPC was lodged against the above referred person, namely, Ravinder Singh; that the petitioner was shocked by the act of the respondent. However, in pursuance and intervention of the relations of both sides, petitioner showed magnanimity in accepting her again, but the respondent was not ready to mend her behavior; that the respondent became habitual of leaving the company of the petitioner without intimation so the petitioner was forced to lodge the missing report against her and in pursuance thereto the respondent was recovered from Punjab along with above referred person, namely, Ravinder Singh; That the petitioner again with a hope that good sense may prevail upon the respondent, tried to persuade the respondent to perform her matrimonial obligations, but could not succeed in modifying the behavior of the respondent, as such, the petitioner compelled by the immoral conduct of the respondent to divorce her through a written divorce deed which was sent to her through registered post and is deemed to have been delivered to the respondent; that besides this the respondent was charged and tried for the commission of offence under Sec. 307 RPC, alleging that the respondent along with other accused persons tried to cause death of her brother's wife (Bhabi); that the overall conduct of the respondent became beyond the tolerance and therefore, the petitioner divorced her through the above referred divorce deed; that after the above referred divorce, the relation between petitioner and respondent ceased to be as husband and wife, as such, respondent was not competent to maintain the petition under Sec. 488 Cr.P.C; that the Court below was apprised of all the facts and the position of law by the petitioner herein, but the court below seems to have passed the order impugned in haste manner which has resulted in grave miscarriage of justice.

(3.) The petitioner challenges the order dtd. 22/1/2019, on the following grounds: