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1975 Supreme(Kar) 120

M.S.NESARGI
UMAR HAYATH KHAN – Appellant
Versus
MAHABOOBUNNISSA – Respondent


Advocates:
B.G.SRIDHARAN, S.R.RAMANATHAN

( 1 ) THE petitioner and the respondent married on 28-10-1972 in Davangere. The petitioner is working as a Supervisor in' the Aluminium Factory in Belgaum. His carry home salary is Rs. 755 p. m. Due to various reasons, the petitioner divorced the respondent on 10-7-1973 by pronouncing Thalak. On 20-4-1974 the respondent filed an application before the Judicial Magistrate Fkst Class, davangere, under S. 125 Cr. P. C. 1973 (to be hereinafter referred to as the new code), praying for maintenance at the rate of Rs. 400/- per month. The Magistrate awarded Rs. 250/- p. m. as maintenance to her from the date of the application. The petitioner has challenged that order in this revision petition.

( 2 ) THE above narrated facts are undisputed. Sri B. G. Sridharan, the learned advocate appearing on behalf of the petitioner, urged only two grounds. The first one is that the Magistrate was not right in not specifying the period during which the maintenance was to be paid by the petitioner, inasmuch as the period could not have been beyond the period of iddat from 10-7-1973. He in this connection further urged that the period of iddat would any-how expire before 1-4-1974 and as such. the applica












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