MOHAMMAD IQBAL SHEIKH v. FURQAN IQBAL SHEIKH (MINOR) THROUGH HIS MATERNAL UNCLE ABDUL QAYOOM LONE
CRM(M)/235/2025 · 2025-05-14
Sanjay Dhar
body2025
DailyLaw.ai
[ 2025 DAILYLAW 7259 (JK) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 7259 (JK) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Serial No. 06 Regular Cause List.
HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT SRINAGAR
CRM(M) 235/2025 CrlM(532/2025).
MOHAMMAD IQBAL SHEIKH.
…Petitioner(s)
Through: Mr. Sami Lone, Advocate.
VERSUS
FURQAN IQBAL SHEIKH (MINOR) THROUGH HIS MATERNAL UNCLE ABDUL QAYOOM LONE.
…Respondent(s)
CORAM:
HON’BLE MR. JUSTICE SANJAY DHAR, JUDGE.
ORDER 14.05.2025
01.
The petitioner has challenged Order dated 19.08.2023 passed by the learned Chief Judicial Magistrate, Shopian whereby in a proceeding under Section 125 of the Cr.PC, he has been asked to pay monthly interim maintenance of Rs. 11,000/- to the respondent who happens to be his minor son. Challenge has also been thrown to the Order dated 08.05.2024 passed by the learned Principal Sessions Judge, Shopian whereby the aforesaid order passed by the trial court has been upheld.
02.
Heard and considered.
03.
Learned counsel for the petitioner submits that the annual income of the petitioner is only Rs. 80,000/- per month, as such, it is beyond his capacity to pay monthly interim maintenance of Rs. 11000/- to his minor son. On this ground,
it has been urged that the interim maintenance granted by the learned Magistrate in favour of the respondent is highly exorbitant.
04.
The impugned order has been passed by the learned Magistrate in ex- parte without taking into account the objections of the petitioner. Learned counsel for the petitioner has submitted that after passing of Order dated 19.08.2023, the petitioner has already filed objections to the main petition filed under Section 125 of the Cr.PC.
05.
In view of the fact that the petitioner has filed his objections to the main petition filed under Section 125 of the Cr PC, this petition is disposed of by extending a direction to the learned trial Magistrate to decide the application of respondent seeking interim maintenance from his father (the petitioner herein) on its merits after hearing both the parties and after taking into consideration the objections filed by the petitioner.
06.
The needful be done by the learned trial Magistrate expeditiously preferably within a period of one month from the date a copy of this order is made available to the trial Magistrate, who shall also explore the possibility of amicable settlement between the parties by referring the parties to mediation.
07.
Disposed of along with connected CrlMs.
(Sanjay Dhar)
Judge
SRINAGAR 14.05.2025 Showkat Khan