Decided on March 13,1986

JALAL-UD-DIN Appellant
SAIDA Respondents


- (1.) This is a revision petition against an order dated 16-10-84 passed by Judicial Magistrate Wailoo (Anantnag) in proceedings u/s.488, Cr.P.C. and against an order dt.10-10-85 passed in execution proceedings as also against order dt.7-8-85 passed by Sessions Judge. Anantnag in revision against the above mentioned order.
(2.) The brief facts which gave rise to this petition are: that the respondent filed an application u/s.488, Cr.P.C. for maintenance @ Rs.400/- per month for herself and for minor son against the petitioner herein. It appears that court below summoned the petitioner/respondent. The respondent filed his objections, denying the allegation that he refused to maintain the petitioner-wife and the minor son out of wedlock of the parties. The parties were put to evidence. It appears that during the pendency of the proceedings, the petitioner herein produced a divorce deed before the court below showing that he has divorced the respondent by virtue of divorce deed dt.12-8-83. However after hearing counsel for the parties, the learned trial Magistrate awarded maintenance @ Rs.200/- and Rs.100/- per month in favour of the respondent-wife and the minor son respectively. The maintenance was awarded from the date of application to the claimants and in favour of respondent-wife. It is against this order that the petitioner-husband has come in revision before this court after his revision was dismissed by the Sessions Judge, Anantnag vide his order dt.7-8-85 referred to above.
(3.) The respondent was summoned but despite being served she did not choose to appear nor anybody appeared on her behalf, therefore, learned counsel for the petitioner before this court was heard on merits.;

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