GH RASOOL SHAH Vs. JAWAHARA BEGUM

JUDGEMENT

(1.) THIS revision is against the order of the Sub Judge (CJM) Srinagar dated 17 -5 -1979 dismissing the revision petition of the petitioner against the order of grant of maintenance to the respondent made in proceedings under section 488 Cr. P. C.

(2.) THE short question that has been debated before me is that the respondent has not proved that there was a valid Nikah between her and the petitioner. In the absence of any proof of a valid Nikah, the magistrate could not award maintenance under Section 488 Cr. P. C.

(3.) I have gone through the judgments of the courts below as also the material on the record.