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1997 Supreme(SC) 1468

M.M.PUNCHHI, M.SRINIVASAN
Mahua Biswas – Appellant
Versus
Swagata Biswas – Respondent


ORDER

1. Leave granted.

2. The appellant-wife petitioned against the respondent-husband in the Court of the C.J.M., Howrah, under Section 125 of the Code of Criminal Procedure (CrPC), claiming maintenance for herself at the rate of Rs. 1500 per mensem and for her minor daughter @ Rs. 1000 per mensem. Undeniably, maintenance at such rates could be claimed by her because of a State Amendment to Section 125 of the CrPC. The claim was refuted by the husband. It came to light in a matrimonial dispute between the parties the appellant-wife had been able to secure an interim maintenance order @ Rs. 1000 per mensem for herself and an equivalent amount for her minor daughter. Taking that into account, the C.J.M. awarded token maintenance at the rate of Rs. 100 per mensem to the appellant and a like amount to her minor daughter as such under the said section. Aggrieved, she moved the High Court in revision whereat it was noticed that the matrimonial case between the parties stood compromised and one of the terms was that she would go and live with her husband. According to the assertion of the husband-respondent, she had in terms thereof come to live with him but later the spouses fell apart


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