Javid Iqbal Wani vs Sumira Zahid

Sanjay Dhar, J

1) Through the medium of instant petition, the petitioner has challenged the order dated 04.08.2018 passed by the Revisional Court i.e. the Court of Principal Sessions Judge, Bandipora, and the order dated 17.04.2019 passed by the Chief Judicial Magistrate, Bandipora (trial court), whereby the trial court has awarded a monthly maintenance of Rs.2500/ to the respondent and a sum of Rs.2000/ in favour of minor daughter of the parties. The said order was challenged by the petitioner by way of a revision petition before learned Sessions Judge, Bandipora, and the same stands dismissed in terms of order dated 04.08.2018 passed by the Revisional Court.

2) The main controversy between the parties is revolving around the question whether the petitioner has pronounced divorce upon the respondent. After arguing the matter for some time, learned counsel for the parties made a suggestion that this question can be decided by the trial court after trial of the case and if a direction is made to the trial court to decide the petition including the aforesaid issue within some time frame, the parties shall feel satisfied and till that time, the petitioner shall continue to pay the maintenance to the respondent in terms of the order passed by the learned trial court as upheld by the learned Revisional Court.

3) The suggestion made by the learned counsel for the parties is accepted and the petition is, accordingly, disposed of with a direction to the learned trial court to decide the petition under Section 488 Cr. P. C, that is pending before it, within a period of two months from the date copy of this order is made available to the trial court. Needless to mention that while deciding the issues arising in the petition, the trial court shall also determine the controversy regarding the divorce alleged to have been pronounced by the petitioner against the respondent. The petitioner shall continue to pay the interim maintenance to the respondent till the disposal of the petition before the trial court in terms of the order of the trial court.

4) Copy of this order be sent to the learned trial court for information and compliance.