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1989 Supreme(AP) 175

D.JAGANNADHA RAJU
Jangam Srinivasa Rao – Appellant
Versus
Jangam Rajeshwari – Respondent


D. J. JAGANNADHA RAJU, J.

( 1 ) THIS is a petition filed under Sec. 482 Cr. P. C. to quash the order dt. 21-7-88 passed by the II Addl. Judicial First Cl. Magistrate Machilipatnam in Crl. M. P. No. 397/88 in M. C. No. 18/84 which was confirmed by the sessions Judge, Machilipatnam in Crl. R. P. 94/88 on 14-11-88.

( 2 ) THE facts pertinent for decision of this petition are that Jangam Rajeswari the wife filed M. C. No. 18/84 claiming maintenance against her husband J. Srinivasa Rao. That petition was allowed on 8-10-85 and she was granted maintenance at the rate of Rs. 130//-P. M. from the date of the application i. e. 7-12-83. The husband did not pay the maintenance and hence the wife filed Crl. M P. No. 2386/85 for realisation of the maintenance amount by arresting and sending the petitioner to jail. By an order dt, 27-7-86 the Magistrate dismissed the application on the ground that the wife refuted to join her husband without any valid grounds. The Magistrate found that there was sufficient cause for not complying with the provisions ff Sec. 125 (3) Cr. P. C. Against that order revision petition No. 1/87 was filed in ti c ccurt of the Sessions Judge. in the meanwhile immediately af













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