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2003 Supreme(AP) 1186

K.N.OJHA
Smt. Kusum Devi – Appellant
Versus
Ram Chandra Mautya – Respondent


JUDGMENT

K.N. Ojha. J. - Heard learned counsel for the revisionist Sri Bhola Nath Yadav. Sri R.R.K. Mishra, learned AGA and Sri Ravinder Singh, learned counsel for the opposite party No. 1 and have gone through the record.

2. This revision has been preferred against the order dated 12-4-2001 passed by learned Judge Family Court. Allahabad, in Case No. 120 of 1999, Smt. Kusum Devi v. Ram Chandra Maurya, by which the application for maintenance med by Smt. Kusum Devi against her husband Ram Chandra Maurya was dismissed.

3. It is not disputed that Criminal Case No. 120 of 1999, Smt. Kusum Devi v. Ram Chandra Maurya was pending in the court of Judge Family Court. Allahabad, on 12-4-2001 between the parties when the impugned order was passed. The impugned order was “Case called out repeatedly. None of the parties is present. The applicant was absented since 08/1, therefore. The Criminal Case No. 120 of 1999 is dismissed."

4. There is an affidavit of Smt. Kusum Devi, the applicant - revisionist that she is wife of Ram Chandra Maurya. Her case of maintenance was pending before the learned Judge Family court Allahabad on 12-4-2001. Objection was med by the opposite party. On 8-1-2001 Advocates















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