Farooq Ahmad Khan vs Mehbooba Khan
2023 Latest Caselaw 1045 j&K/2

                                                             Item No.112
                                                             Suppl List
      IN THE HIGH COURT OF JAMMU & KASHMIR AND
                  LADAKHAT SRINAGAR

                          CrlM No.984/2023
                               In
                          CRM(M) No.210/2020


FAROOQ AHMAD KHAN                                  ...PETITIONER(S)
             Through:     Mr. M. Y. Bhat, Sr. Adv.
                          with Mr. Prince Hamza, Advocate.

Vs.

MEHBOOBA KHAN                                    ...RESPONDENT(S)

Through: Mr. Raja Rathore, Advocate.

CORAM: HON'BLE MR. JUSTICE SANJAY DHAR, JUDGE

(ORDER) 28.08.2023

1) Through the medium of present application, the

applicant/respondent is seeking release of maintenance amount stated to

have been deposited by the petitioner before the Registrar Judicial in

terms of the orders passed by this Court

2) Heard and considered.

3) The main petition was decided by this Court in terms of judgment

dated 30.09.2020 read with order dated 11.05.2022. It seems that during

pendency of the petition, certain amount was deposited by the

petitioner/non-applicant pursuant to the orders passed by this Court

which is lying in the account of Registrar Judicial of this Court.

4) It has been submitted by the petitioner/non-applicant that the main

petition under Section 488 of the J&K Cr. P. C stands dismissed for non-

prosecution, as such, the amount cannot be released in favour of the

applicant/respondent. However, learned counsel for the

applicant/respondent has submitted that the applicant has already filed

application for restoration of the said petition before the Court of learned

4th Additional Sessions Judge, Srinagar (exercising the powers of a

Family Court.

5) In view of the fact that the matter relating to grant of maintenance

is pending before the Court of 4th Additional Sessions Judge, Srinagar

(Family Court), it would be appropriate that the amount deposited with

the Registrar Judicial of this Court is transferred to the account of the

aforesaid Court and its further release shall be decided by the said Court

in accordance with law. Order accordingly.

6)      The application stands disposed of.


7)      A copy of this order be forwarded to the Court of learned 4th

Additional Sessions Jude, Srinagar, for information.

(SANJAY DHAR) JUDGE Srinagar 28.08.2023 "Bhat Altaf, PS"