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2025 DAILYLAW 7472 (JK)

RIFAT BASHIR AND ANR. v. SHOWKAT AHMAD BHAT

CM(M)/204/2025 · 2025-05-26

Vinod Chatterji Koul

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

S. No. 15 Regular Cause List IN THE HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT SRINAGAR CM(M) No. 204/2025 CM No. 3202/2025 Rifat Bashir and Anr. …Appellant/Petitioner(s) Through: Mr. Firdous Ahmad Mir, Advocate Vs. Showkat Ahmad Bhat ...Respondent(s) Through: CORAM: HON’BLE MR JUSTICE VINOD CHATTERJI KOUL, JUDGE O R D E R 26.05.2025 1. The short grievance of the petitioners is that they have filed an application under Section 125 Cr.PC, for maintenance before the Court of Judicial Magistrate First Class, Pulwama (for short “Trial Court”) on 19.12.2019, but the said court is not deciding the same despite the fact that the application has been listed for final arguments. To substantiate this submission, petitioners have placed on record copies of orders passed from time to time by the Trial court. Perusal whereof reveals that the petition is still pending and the Trial Court is only granting adjournments without any reason. 2. It is submitted by learned counsel for the petitioners that the matter was lastly listed on 10.03.2025 and again on the said date, it was adjourned on the request of learned counsel for respondent. 3. It is clear from the documents placed on record that there had been inordinate delay in disposal of the case pending before the Trial Court. The proceedings in application filed under Section 125 Cr.PC are considered summary in nature and the purpose of such section is to provide maintenance to wife, so that she could maintain herself. There is no reason for the Trial court to delay in considering the application filed under Section 125 Cr.PC pending before it, which has frustrated the object of the provisions as contained in Section 125 Cr.PC. The Trial court in this regard is required to furnish explanation for such delay. 4. Learned counsel for the petitioner submits that petitioners would feel satisfied if this petition is disposed of by directing the Trial Court to decide the petition under Section 125 Cr.P.C. pending before it expeditiously without any further delay. 5. Having regard to submission made by learned counsel for the petitioners, the present petition is disposed of with a direction to the Trial Court to consider and decide the petitioners’ application filed under Section 125 Cr.PC pending before it expeditiously, preferably within a period of one month. 6. Disposed of as above. 7. Parties are directed to remain present before the Court of Judicial Magistrate First Class, Pulwama, on 03.06.2025. (VINOD CHATTERJI KOUL) JUDGE SRINAGAR 26.05.2025 Manzoor Manzoor Ul Hassan Dar I attest to the accuracy and authenticity of this document Srinagar 27.05.2025 10:13