AB RASHID GANAI Vs. HAJRA

JUDGEMENT

(1.) IT seems that this revision has been filed against the order purported to have been passed by learned Chief Judicial Magistrate, Anantnag on 17 -9 -1987 and learned District and Sessions Judge, Anantnag dated 27 -2 -1988.

(2.) THE facts in brief which have given rise to the present revision are that an application under section 488 Cr. P. C. came to be filed by the respondent Mst. Hajra in the court of Chief Judicial Magistrate, Anantnag way back on 1 -9 -1986, wherein the petitioner Mst. Hajra has claimed that she being the legally wedded wife of non -applicant Abdul Rashid Ganai and out of the wedlock a child was born who too died during the very days when she was in family way and since then, the person of the non -applicant did not pay her any maintenance and in -fact the non -applicant has contracted another marriage and he is not now taking any interest in the person of the petitioner.

(3.) ON this application, non -applicant Abdul Rashid was summoned. He appeared and filed his objections and have admitted that he has contracted another marriage. He has also submitted that he is ready to maintain the petitioner also. The matter was fixed for recording of evidence. The petitioner had produced two witnesses on 2 -9 -1987 and the case seems to have been fixed for 17 -9 -1987 for recording of further evidence of the petitioner. On that date also, one of the witness namely Abdul Rahman Tantray came to be recorded and immediately after recording the statement of the witness Abdul Rahman Tantray, who is alleged to be the brother of the petitioner, the matter seems to have been settled by learned Magistrate by passing the order on that date wherein respondent has been directed to pay an amount of Rs, 200/ - per monthly as maintenance to the petitioner.