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1988 Supreme(SC) 81

RANGANATH MISRA, L.M.SHARMA
Bakulabai – Appellant
Versus
Gangaram – Respondent


Advocates:
A.S.BHASME, M.M.KASHYAP, N.A.SIDDIQUI, Rakesh U.Upadhyay, S.K.AGNIHOTRI, V.N.GANPULE

Judgment

SHARMA, J.-Appellant 1 Bakulabai filed an application under Section 125 of the Code of Criminal Procedure, 1973 (hereinafter referred to as the Code) before the Judicial Magistrate, Degloor, alleging that she was lawfully married to respondent 1 Gangaram and that appellant 2 Maroti was born out of this wedlock. She claimed maintenance both for herself and for her son. Gangaram denied the marriage as well as the paternity of appellant 2. He also averred that he was already married twice before the wedding pleaded by Bakulabai and that both his wives were living.

2. The Judicial Magistrate accepted Bakulabais case and granted maintenance at the rate of Rs 100 per month in her favour and additional Rs 50 per month for the minor boy.

3. Gangaram moved the Sessions judge in revision. Bakulabai also filed a revision application for enhancement of the rate of maintenance. The two applications were registered respectively as Criminal Revision No. 83 of 1984 and Criminal Revision No. 110 of 1984, and were heard together. The Sessions judge accepted the defence case, reversed the findings of the Judicial Magistrate and dismissed the application for maintenance. Revision Case No. 83 of










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