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1995 Supreme(AP) 128

MOTILAL B.NAIK
M. Shiv Raj – Appellant
Versus
Metropolitan Magistrate, Hyderabad – Respondent


MOTILAL B. NAIK, J.

( 1 ) THE present Civil Revision Petition is filed invoking Article 227 of the Constitution of India seeking appropriate direction.

( 2 ) PETITIONER is the husband. Second respondent is the wife. Respondents 3 and 4 are claiming to be the children dependent on the petitioner.

( 3 ) EARLIER in the year 1977, the second respondent wife had filed Maintenance Petition in M. C. No. 63/77 under Section 125 of Cr. P. C. on the file of the V Metropolitan Magistrate seeking maintenance for herself and for her daughter the third respondent herein. The said M. C. No. 63/77 was allowed by the V Metropolitan Magistrate Court who granted maintenance directing the petitioner herein to pay Rupees 75/- per month to the second respondent-wife and Rs. 50. 00 per month to the third respondent-daughter. Later, this amount seems to have been enhanced to Rs. 100. 00 per month in favour of the wife and Rupees 75/- per month in favour of the third respondent-daughter.

( 4 ) IT is alleged that the second respondent-wife again filed another maintenance case in M. C. No. 21/90 on the file of the IX Metropolitan Magistrate notwithstanding the fact that she had already filed M. C. No. 63/77 o
















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