FAO/31/2023 of IRFANA QAYOOM AND ORS. Vs ABDUL QAYOOM MUGLOO on 30 December 2023

ORDER

30.12.2023

01. Despite service, the respondent has not come present. 02.Heard the learned counsel for the appellants and perused the material on record.

03. The impugned Order dated 9[th] August, 2023 is assailed by the appellants primarily on the ground that the Principal Judge Family Court, Srinagar (the Trial Court) has not taken into consideration the fact that the order of interim maintenance granted by the Court of learned 2[nd] Additional Munsiff/ Judicial Magistrate 1[st] Class, Srinagar, dated 30[th] December, 2022 stood modified and as a result whereof, the interim maintenance granted by the learned Magistrate to the Appellants 2 and 3, had been withdrawn, vide Order dated 10[th] May, 2023.

04. The learned Appellate Court has proceeded on the premise that the petitioners were already receiving an interim maintenance to the tune of Rs. 10,000/- (for Appellant No. 1) and Rs. 5000/- (each to the Appellants 2 and 3) in the proceedings under Section 125 of the Criminal Procedure Code pending before the 2[nd] Additional Munsiff/ Judicial Magistrate 1[st] Class, Srinagar and, therefore, there was no need to pass a fresh order of interim maintenance.

05. The learned counsel for the appellants has brought to our notice the dated 10[th] May, 2023 passed by the learned 2[nd] Additional Munsiff/ Judicial Magistrate 1[st] Class, Srinagar, whereby the interim maintenance granted to the Appellants No. 1 has been reduced from Rs. 10,000/- to Rs. 6000/- and withdrawn in respect of Appellants 2 and 3 on the ground that the maintenance under Section 125 of the Criminal Procedure Code is not available to the major daughters.

06. Having considered the submissions made by the learned counsel for the appellants, we are of the view that the order impugned dated 9[th] August, 2023 passed by the learned Trial Court needs to be revisited in view of the development i.e. passing of Order dated 10[th] May, 2023 by the 2[nd] Additional Munsiff/ Judicial Magistrate 1[st] Class, Srinagar.

07. For the foregoing reasons, the impugned Order dated 9[th] August, 2023 is set aside. The learned Trial Court is directed to consider the application of the appellants for interim maintenance afresh in light of the subsequent order dated 10[th] May, 2023 passed by the learned 2[nd] Additional Munsiff/ Judicial Magistrate 1[st] Class, Srinagar, modifying its earlier order dated 30[th] December, 2022.

08. Disposed of along with connected CM(s).

(JAVED IQBAL WANI) (SANJEEV KUMAR) JUDGE JUDGE

SRINAGAR: 30.12.2023“Hamid”