Hon’ble Court was considering a revision petition preferred against the order passed by the 2nd Additional Munsiff, Srinagar in the proceedings under Section 488 of J&K Cr.P.C whereby the learned Magistrate had deferred the proceedings till the outcome of the civil suit in which question of paternity of the petitioner was in issue. Hon’ble High Court of Jammu & Kashmir and Ladakh cautioned the Magistrates dealing with a petition under Section 125 of Cr.P.C where the paternity of a child is seriously disputed and there is no prima facie material to suggest that the respondent happens to be the father of the child to first as certain the veracity of claim of the petitioner before fastening the respondent with the liability of maintaining the child. Raaisha (minor) through her mother Sumaira v. 1 dated, the High Court of Judicature was established and for the first time the High Court was to consist of The Chief Justice and two Judges. Thereafter, in 1928, by virtue of Order No. In 1927, a new Constitution was sanctioned by the then Ruler of the State and instead of Law Member, a Ministry in the Judicial Department was created. Later the Council was abolished and a Minister designated as Judge of the High Court was appointed by the Ruler to decide judicial cases. In the year 1889, the British Government asked the then Ruler of the State, Maharaja Partap Singh to appoint a Council, and the Judicial member of the Council exercised all the appellate powers both on civil and criminal side.The State having two provinces- Jammu and Kashmir, had chief judges exercising judicial authority but they acted under the superintendence and control of the Law member of the Council. Prior to the establishment of High Court of Judicature, the Ruler of the State (Maharaja) was the final Authority in the Administration of justice. The full-fledged High Court of Judicature for the Jammu and Kashmir State was established in the year 1928.
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