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SRINAGAR, Aug 13: The High Court of Jammu & Kashmir and Ladakh has set aside a show-cause notice issued by the Judicial Magistrate 1st Class, Shopian, to the District Collector over execution of a maintenance order, holding that the Magistrate had exceeded the jurisdictional bounds of its authority under the Code of Criminal Procedure, 1973.
Justice Rahul Bharti passed the order while dealing with a petition filed by Shishir Gupta, presently posted as District Collector, Shopian, challenging the legality of the show-cause notice issued on July 10, 2026. The case arose from maintenance proceedings initiated by the wife and daughter of respondent No. 3 under Section 125 CrPC.
The Judicial Magistrate, Shopian, had on December 4, 2025 awarded monthly maintenance of Rs 18,000-Rs 10,000 for the wife and Rs 8,000 for the daughter with the payment made effective from April 20, 2023, the date of institution of the proceedings.
Following default in payment, the wife and daughter filed an execution application on December 9, 2025.
The High Court noted that the respondent against whom the maintenance order was passed had stayed away from the proceedings despite repeated attempts at service.
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