AI Structured Summary
Not yet generated for this judgment
Judgment
Heard learned counsel for the petitioner at length.
In an application under section 488 Cr.P.C, learned Magistrate by his order dated 08.11.2017 has directed the petitioner to pay monthly maintenance
allowance of Rs.5000/ to his minor son, who is reading in pre-nursery class in DPS, Udhampur. Petitioner challenged this order in revision before the
learned Additional Sessions Judge, Udhampur. Learned Revisional Court by its order dated 07.04.2018 dismissed the revision petition holding that the
order passed by the Magistrate was a reasoned order and suffers from no illegality.Â
Petitioner by the medium of this petition invokes inherent jurisdiction of this Court under section 561-A Cr.P.C. and seeks quashing of both the orders
passed by the court below.Â
It is not disputed that the petitioner is a government servant serving as a Junior Engineer in the State Government. It is evident that the relations
between the petitioner and his wife are strained and the latter is living away from the petitioner and child is being brought up by her. It is also evident
that the mother of the child is also a government servant.
Considering all aspects of the matter, no illegality or error can be attributed to an order directing a father to pay Rs.5000/ per month for maintenance
of his minor child. I am, thus, not persuaded to take a view that there is a case for invoking the inherent jurisdiction of this Court under section 561-A
Cr.P.C.
Viewed thus, this petition has no merit and is dismissed in limine.