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1954 Supreme(AP) 76

K.SUBBA RAO
Janni Bibi – Appellant
Versus
Mohd. Abdul Rahaman – Respondent


K. SUBBA RAO, J.

( 1 ) THIS is a revision against the order of the Court of the District Magistrate, West Godavari, setting aside the order awarding maintenance to the petitioner under S. 488, Criminal P. C. ( The petitioner and the respondent are Muhammadans. She married the respondent some years ago, and had three children by him. She filed M. C. No. 5 of 1950 on the file of the Sub-Divisional Magistrates Court, Eluru, under S. 488. Criminal P. C. , and obtained an order for maintenance at the rate of Rs. 30. 00 per month. Subsequently, in M. C. No. 2 of 1952, the Honorary Additional Ist Class Magistrate enhanced the rate of maintenance from Rs. 30. 00 to Rs. 32. 00 permonth. The respondent alleging that he divorced the petitioner by uttering Talak thrice before repectable people on or about 27. 4. 1954, filed M. C. No. 10 of 1954 before the District Magistrate. Eluru, for cancelling the order of maintenance. After infructuous attempts to serve the petitioner, she was declared ex parte. After examining P. W. 1 and the documents filed, the learned District Magistrate declared that the orders made in M. C. No. 5 of 1950 and 2 of 1952 were unenforceable from 27. 4. 1954 and according













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