ISHTIYAQ AHMAD KHAN Vs. RABIA JAN

JUDGEMENT

(1.) Petitioner has challenged order dtd. 4/8/2018 passed by Principal Sessions Judge, Budgam, whereby learned Sessions Judge has dismissed the revision petition filed by the petitioner against the order dtd. 15/2/2017 passed by Judicial Magistrate, 1st Class, Cherar-iSharief. Vide the aforesaid order dtd. 15/2/2017, the learned Magistrate has dismissed the petitioner's application for setting aside exparte order of maintenance as also the application for staying the operation of aforesaid exparte order passed in proceedings under Sec. 488 of the J&K Code of Criminal Procedure. Compensatory costs of Rs.30,000.00 have also been imposed by learned Magistrate upon the petitioner vide the aforesaid order.

(2.) The facts giving rise to the filing of this revision petition are that respondent, who claims to be the wife of petitioner, filed proceedings under Sec. 488 of J&K Cr. P.C before Judicial Magistrate 1st Class, Cherar-i-Sharief, claiming maintenance from him. It appears that petitioner stopped appearing before the learned Magistrate, as a result whereof exparte proceedings were initiated against him on 19/2/2014 and ultimately on 15/4/2015, the petition came to be disposed of by the Magistrate directing the petitioner herein to pay a monthly maintenance of Rs.5000.00 to the respondent.

(3.) Upon filing of execution petition by respondent before learned Magistrate, the petitioner filed two separate applications, one for setting aside the exparte order of maintenance dtd. 15/4/2015 and another for staying the aforesaid order. Both the applications came to be dismissed by the learned Magistrate in terms of order dtd. 15/2/2017. The operative portion of the aforesaid order is reproduced hereunder: