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1993 Supreme(AP) 490

D.JAGANNADHA RAJU
Shaik Bava Budain – Appellant
Versus
Shaik Jainab Bee – Respondent


( 1 ) THIS petition is filed under Section 482 Cr. P. C. requesting the Court to quash the order in Criminal Revision Petition No. 5 of 1991 dated 30-11-1992 on the file of the Second Additional Sessions Judge, Madanapalle. The husband is the petitioner before this Court. The wife Shaik Jainab Bee filed a petition under section 125 Cr. P. C. claiming maintenance. The Principal Magistrate of First class dismissed the petition on various grounds. He came to the conclusion that the petitioner is able to maintain herself, that the divorce has been established and as the petitioner (the wife) did not opt for application of Sec. 125 Cr. P. C. under Section 5 of the Muslim Women (Protection of Rights on Divorce) Act, 1986. Aggrieved by the order of dismissal of the petition, the wife filed Criminal r. P. No. 5 of 1991. The learned Additional Sessions Judge came to the conclusion that the Magistrate did not appreciate the evidence properly and that he did not draw the correct inferences. He also came to the conclusion that the factum of divorce is not proved. The learned Additional Sessions Judge also came to the conclusion that the trial Court misread the evidence and came to the conclusi





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