10 Regular IN THE HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT SRINAGAR CM(464/2026) IN FAO(MAT) 1/2026 CM(465/2026) CM(466/2026) ROUF RAFIQ ….. Petitioner(s) Through: Mr. S H Thakur, Adv. with Mr. M H Thakur, Adv. V/s RUFA JAVED AND ANOTHER ….. Respondent(s) Through: Mr. Manzoor A Dar, Adv. with Mr. Luqman, Adv. Coram: Hon’ble Mr. Justice Sanjay Dhar, Judge ORDER 15.04.2026 1. The Registry is directed to assign nomenclature of Criminal Revision Petition to the present petition. 2. The petitioner, through the medium of present petition has laid challenge to order dated 11.12.2025 passed by the learned Principal Judge Family Court, Srinagar in a petition under Section 144 of Bharatiya Nyaya Surakasha Sanhita (BNSS), 2023 filed by the respondent against him. Vide the impugned order, the learned Family court has awarded a sum of Rs. 6000/- as monthly maintenance to both the respondents (Rs. 12,000/- in all). It seems that at the time when the impugned P a g e | 2 CM(464/2026) IN FAO(MAT) 1/2026 CM(465/2026) CM(466/2026) order came to be passed by the learned Family Court, the petitioner herein had already filed his objections but the same were not considered by the learned Family Court in its order dated 11.12.2025, as the same seems to have been made in exparte. The application has not been finally disposal of by the learned Family Court. 3. Learned counsel for the respondents has submitted that the petitioner has already filed an application seeking recall of the said order which is pending before the learned trial court. 4. Be that as it may, one thing is clear that objections of the petitioner were before the learned Family Court at the time when the impugned order came to be passed, therefore, it was incumbent upon the said court to decide the application of the respondents under Section 144 of Bharatiya Nyaya Surakasha Sanhita (BNSS) seeking interim maintenance on its merits after dealing with the objections of the petitioner . 5. In view of the above, the present Criminal Revision Petition is disposed of with a direction to the learned Principal Judge Family Court, Srinagar to decide the application for grant of interim maintenance filed by the respondents on its merits after taking into account the objections filed by the petitioner P a g e | 3 CM(464/2026) IN FAO(MAT) 1/2026 CM(465/2026) CM(466/2026) most expeditiously preferably within a period of two weeks from the date the parties appear before the said court. Till such time, fresh order is passed by the Family court, Srinagar, the impugned order shall remain in abeyance. 6. Disposed of as above. (Sanjay Dhar) Judge SRINAGAR 15.04.2026 Aasif