Jammu & Kashmir High Court – Srinagar Bench
Mohammad Latief Sheikh vs Aqsa Jan (Minor) And Anr on 20 December, 2024
Author: Sanjay Dhar
Bench: Sanjay Dhar
68
Supplementary
HIGH COURT OF JAMMU & KASHMIR AND LADAKH
AT SRINAGAR
CRM (M) No. 770/2024
CrlM No. 1786/2024
Mohammad Latief Sheikh
..... Petitioner (s)
Through: Mr. M Amin Khan, Adv.
V/s
Aqsa Jan (Minor) and anr.
..... Respondent(s)
Through:
Coram:
Hon'ble Mr. Justice Sanjay Dhar, Judge.
ORDER
20.12.2024
At the request of learned counsel for the petitioner, the petition is
directed to be treated as Criminal Revision Petition. The Registry is
directed to assign appropriate nomenclature to the present petition.
The petitioner has challenged order dated 18.09.2024 passed by the
learned Additional Judge, Family Court, Srinagar whereby while dealing
with an application under Section 127 Cr.PC filed by the respondents,
maintenance amount in favour of respondent No. 1 and 2 has been
enhanced from Rs. 4500/- to Rs. 7500/- each per month.
It has been contended by the learned counsel for the petitioners that
the parties have settled the matter between them before the Lok Adalat
on 23.07.2013 whereby the petitioner has undertaken to enhance the
Asif Gull
I attest to the accuracy and
authenticity of this document
20.12.2024 21:13
Page |2
CRM (M) No. 770/2024
CrlM No. 1786/2024
monthly maintenance in favour of respondent No. 1 and 2 @ Rs. 200/-
per year and as such, there was no occasion for the respondents to
approach the Family Court for enhancement of the monthly
maintenance nor was there any scope for the learned Family Court to
direct enhancement of the maintenance.
Issue notice to the respondents subject to taking of necessary steps by
the petitioner within one week.
In the meantime, the impugned order passed by the learned Family
Court shall remain in abeyance. However, it is made clear that the
petitioner shall continue to pay monthly maintenance to respondent No.
1 and 2 in accordance with settlement arrived between them before the
Lok Adalat on 23.07.2013.
List on 24.02.2025.
(Sanjay Dhar)
Judge
SRINAGAR
20.12.2024
Aasif
Asif Gull
I attest to the accuracy and
authenticity of this document
20.12.2024 21:13
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