Extracted from the PDF above. The PDF is authoritative.
04 Regular
IN THE HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT SRINAGAR CRM(M) 838/2025 DILSHADA BANO
….. Petitioner(s) Through: Mr. Yawar Ramzan, Advocate. V/s GHULAM NABI KHAN
….. Respondent(s)
Through:
Coram:
Hon’ble Mr. Justice Sanjay Dhar, Judge
ORDER 27.04.2026
The grievance of the petitioner is that the order of the revisional court dated 01.04.2024 whereby order dated 12.03.2024 passed by the trial court was kept in abeyance subject to deposition of 50% of arrears of maintenance is being misinterpreted by the learned trial Magistrate. It has been contended that the said condition has not been fulfilled by the respondents in its letter and spirit inasmuch as neither 50% of the arrears of maintenance has been deposited by the respondent and even if he has deposited some amount, the same has been done belatedly.
It is open to the petitioner to raise all these grounds before the learned trial Magistrate by making appropriate application. If and when such an application is made by the petitioner before learned trial Magistrate, the same shall be dealt with by the learned Magistrate in accordance with law and order thereon shall be passed most expeditiously. If it is found that the respondent has not adhered to the conditions laid down by the revisional court while staying the order of trial Magistrate, it shall open to the learned Magistrate to proceed ahead in the execution petition.
Disposed of as above.
Copy of the order be sent to the learned trial Magistrate.
(Sanjay Dhar)
Judge
SRINAGAR 27.04.2026 Aasif