Shaheen Ahmad Wani vs Arshada Begum And Others

Ali Mohammad Magrey, J

By medium of the instant petition, filed under Section 482 of the Code of Criminal Procedure (Cr. P.C.), the petitioner has assailed the validity of order dated 18th of November, 2019, passed by the Court of learned Judicial Magistrate, 1st Class, Kupwara, in terms whereof, the learned Court below has, while disposing of the interim application filed by the applicants/ respondents herein alongside the petition under 488 of the Code of Criminal Procedure (Cr. P.C.), directed the non-applicant/ petitioner herein to pay interim maintenance of Rs.9000/- to applicant No.1/ respondent No.1 herein and Rs.7,000/- each to applicant Nos. 2 to 4/ respondent Nos. 2 to 4 herein, i.e., rupees thirty thousand in total per month, from the date of presentation of the application.

On motion hearing, i.e., on 9th of March, 2020, when this matter was taken up for consideration, this Court, while issuing notice to the respondents, had stayed the operation of the order impugned subject to deposit of Rs.50,000/- (rupees fifty thousand only), on the part of the petitioner before the Registry of this Court.

Mr M. A. Wani, the learned counsel for the petitioner, submits that the interim maintenance granted by the Court below, vide the order impugned, is much higher than the actual earnings of the petitioner, moreso, when the petitioner has to take care of his old-aged parents and unmarried sister. It is contended that the order impugned has been passed by the learned trial Magistrate in absence of the petitioner as no notice was sent to the petitioner before passing the impugned order, thereby resulting in violation of principles of natural justice.

Per Contra, Mr T. A. Lone, the learned counsel, representing the respondents, submits that the learned trial Magistrate has passed the order impugned in order to prevent the vagrancy and destitution of the respondents, which includes a discarded wife and three deserted children, and to provide them the much needed relief so that they may not go astray.

Having heard the learned counsel for the parties and in view of the nature of controversy involved, this petition, with the consensus of the learned counsel for the parties, is disposed of with a direction to the petitioner to pay Rs. 8,000/- to applicant No.1/ respondent No.1 herein and Rs.4,000/-each to applicant Nos. 2 to 4/ respondent Nos. 2 to 4 herein per month as interim maintenance, i.e., rupees twenty thousand in total per month, from the date of presentation of the application before the Court below. The amount, if any, deposited by the petitioner before the Registry of this Court pursuant to order dated 9th of March, 2020, passed by this Court shall be send to the Court below for adjusting the same towards the interim maintenance as ordered hereinabove.

Disposed of as above, alongwith the connected CrlM. Registry to forthwith send a copy of this order to the Court below.