| Citation(s) |
|---|
| 1980 SLG 3200 = 1980 SLD 3200 = 1980 PCRLJ 1186 |
Supreme Court (AJ&K)
Criminal Miscellaneous Application No. 199 of 1979 and Criminal Revision No. 4 of 1980, decided on 27th May 1980.
Presented By: Sardar Said Muhammad Khan, J
A I R 1942 Sind 32 ; A I R 1954 Hyd. 178 and A I R 1951) Tripura 26 ref. . Kh. Manzoorul Hassan Gilani for Appellants No. I (in C. M. No. 199%79) and for
Respondent No. 2 (in Cr. Rev. No. 4%80). Kit. Muhammad Saeed for Appellant No. 2 (in C. M. No. 199/79) and for
Respondent No. I (in Cr. Rev. No. 4/80).
Criminal Miscellaneous Application No. 199 of 1979 and Criminal Revision No. 4 of 1980, decided on 27th May 1980.
Presented By: Sardar Said Muhammad Khan, J
A I R 1942 Sind 32 ; A I R 1954 Hyd. 178 and A I R 1951) Tripura 26 ref. . Kh. Manzoorul Hassan Gilani for Appellants No. I (in C. M. No. 199%79) and for
Respondent No. 2 (in Cr. Rev. No. 4%80). Kit. Muhammad Saeed for Appellant No. 2 (in C. M. No. 199/79) and for
Respondent No. I (in Cr. Rev. No. 4/80).
NOOR ALI SHAH AND ANOTHER-Appellants
VERSUS
Mst. BIBI FATIMAH AND ANOTHER-Respondents:
Law:
Section:
Criminal Procedure Code (V of 1908) S.488(6)Maintenance proceedingsProvision of subsection (6) of S. 488, Cr. P. C., requiring presence of husband or father at time of recording evidenceMandatoryMere fact that ex parte order was set aside on application of Mukhtar for petitionerHeld.: Could not be considered sufficient circumstance to hold that matter of personal attendance of petitioner's husband was considered by. Court and his personal attendance was dispensed with Maintenance allowance ordered by Magistrate in proceedings taken in absence of petitioner husband, without dispensing with his personal attendance vitiated, in circumstance. ORDER This is a reference which arises out of a revision petition filed before the learned Sessions Judge, Muzaffarabad. The facts of the case are that Mst. Bibi Fatimah moved an application under section 488, Cr. P. C. alleging therein that she had been neglected by her husband Noor Ali Shah and she should be granted maintenance allowance. The learned Magistrate, Athmuqam proceeded with the enquiry and passed an ex parte order for maintenance in favour of Mst. Bibi Fatimah. An application was submitted by Fajar Ali Shah, the father of the petitioner as a Mukhtar for the petitioner, for setting aside the ex parte order. Consequently, the ex parte order was set aside and the learned Magistrate enquired into the matter in dispute afresh in presence of the Mukhtar for the petitioner. There was no application on behalf of the petitioner for dispensing with his presence and no formal order was passed showing that the presence of the petitioner was dispensed with. After the completion of the enquiry, the learned Magistrate passed an order allowing maintenance allowance to the nonpetitioner. There was a revision petition before the…