Jammu & Kashmir High Court
Skarma Stobgias vs Rigzin Dolma And Anr on 30 June, 2025
Author: Rahul Bharti
Bench: Rahul Bharti
Sr. No. 20
HIGH COURT OF JAMMU & KASHMIR AND LADAKH
AT JAMMU
Case No.:- CM(M) No. 126/2025
Skarma Stobgias
.....Petitioner(s)
Through: Mr. Shray Bakshi, Advocate.
Vs
Rigzin Dolma and anr
..... Respondent(s)
Through:
Coram: HON'BLE MR. JUSTICE RAHUL BHARTI, JUDGE
ORDER
30.06.2025
1. The Court of learned Principal District Judge (Family Court),
Leh by virtue of a final order dated 28.12.2024, acting in terms
of jurisdiction under section 125 of the Code of Criminal
Procedure, 1973, came to award monthly maintenance of Rs.
8000/- each in favour of the respondent No. 1 being the wife of
the petitioner and the respondent No. 2 being an unmarried
major daughter of the petitioner.
2. Aggrieved of said final order dated 28.12.2024, the petitioner
has come forward with the present petition under article 227
of the Constitution of India.
2 CM(M) No. 126/2025
3. There is no doubt to the fact that the order dated 28.12.2024
passed by the Court of learned Principal District Judge (Family
Court), Leh vide file no. 46 of 2022 is a final order against
which remedy of appeal under the Family Courts Act, 1984
was available to the petitioner but the petitioner opted to seek
remedy under article 227 of the Constitution of India by
reeling under a purported impression that Section 19(4) of the
Family Courts Act, 1984 provides scope for supervisory
indulgence of this Court for examination of the record of any
proceedings dealt with by a Family Court under the Code of
Criminal Procedure, 1973.
4. Be that as it may, this Court, in terms of an order dated
13.05.2025, came to stay the operation of the impugned order
dated 28.12.2024 insofar as pertained to grant of maintenance
to the respondent No. 2-daughter of the petitioner is concerned
meaning thereby the operation of the impugned order insofar
as it meant payment of monthly maintenance of Rs. 8000/- to
the respondent No. 1 is concerned that remained operative.
5. Learned counsel for the petitioner submits that since the
petitioner had come to deposit all the arrears by reference to
the two respondents w.e.f., the date of filing of the
maintenance petition as such, from the end of the petitioner,
3 CM(M) No. 126/2025
there is no default in payment of monthly maintenance at least
to the respondent No. 1.
6. When enquired from the learned counsel for the petitioner as
to whether he is challenging the maintenance awarded in
favour of the petitioner’s wife i.e., the respondent No.1, learned
counsel for the petitioner submits that he abandons the
challenge to the said extent and, therefore, the present petition
be restricted only to the extent the impugned order has come
to award maintenance in favour of the respondent No. 2 i.e.,
the petitioner’s unmarried major daughter.
7. Issue notice only to the respondent No. 2.
8. Petitioner to furnish registered postal cover for the service of
the respondent No. 2 within seven days whereupon the
Registrar Judicial, Jammu to issue notice to the respondent
No. 2.
9. A copy of this order be forwarded to the learned Principal
District Judge (Family Court), Leh for the sake of notice that
insofar as order dated 28.12.2024 awarding monthly
maintenance in favour of the respondent No. 1 is concerned,
the order is in operation and if any execution petition is filed
by the respondent No. 1 for seeking recovery of monthly
maintenance and arrears, if any, then the pendency of the
4 CM(M) No. 126/2025
present petition shall not be construed as stay of proceedings
against the recovery in the matter.
10. List again on 18.08.2025.
(RAHUL BHARTI)
JUDGE
JAMMU
30.06.2025
Naresh/Secy.
Naresh Kumar
2025.07.01 13:55
I attest to the accuracy and
integrity of this document