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1999 Supreme(SC) 735

D.P.WADHWA, S.SAGHIR AHMAD
Rajathi – Appellant
Versus
C. Ganesan – Respondent


Judgment

D.P. Wadhwa, J.-Leave granted.

2. This is wife’s appeal agianst order dated December 4, 1997 of the Madras High Court Passed in exercise of its jurisdiction under Section 482 of the Criminal Procedure Code (‘code’ for short). By this order wife was deprived of maintenance of Rs. 200/- per month granted to her under Section 125 of the Code.

3. Wife presented a petition under Section 125 of the Code on February 3, 1993 claiming from her husband, the respondent, maintenance for herself and her two daughters. The minor son of the parties is living with the husband. In the present appeal we are concerned with the grant of maintenance to the wife. She alleged that her husband having sufficient means neglected or refused to maintain her and that she was unable to maintain herself. In the petition wife had claimed mainte­nance at the rate of Rs. 500/- per month.

4. Learned Judicial Magistrate, by order dated April 24, 1995, granted her maintenance only at the rate of Rs. 200/- per month. Husband felt aggrieved and he went in revision to the court of Sessions. The learned sessions Judge, Salem, by order dated November 5, 1996 dis­missed the revision petition filed by the husband and


































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