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1983 Supreme(Kar) 199

N.D.VENKATESH
K. NARAYANA RAO – Appellant
Versus
BHAGYALAKSHMI – Respondent


Advocates:
H.N.Narayan, Shivasankar Bhat

N. D. VENKATESH, J.

( 1 ) THIS revision is directed against the order dt. 25-2-1980 of the Additional Munslff and J. M. F. C. , Udupl, dakshina Kannada, in Misc. Case no. 87 of 1978 on his file.

( 2 ) RESPONDENT is the wife of the petitioner. They have three children. Respondent filed an application under S. 125 of the Code of Criminal procedure, 1973 (the Code) against the petitioner in the Court below claming maintenance for herself and on behalf of her three minor children. Allowing the application, by the impugned order, the Court below has directed the petitioner to pay to them maintenance at the rate of Rs 500/- per month.

( 3 ) BESIDES making his submissions on merits, the learned Counsel for the petitioner-husband also submitted that his client did not have adequate opportunity to have his say in the matter in the Court below and, therefore, also the order requires to be set aside.

( 4 ) HAVING had notice of the proceeding the husband had appeared in the Court below, engaged a Counsel and had filed his statement in writing. In support of her case the wife got herself examined (P. W. 1), her father Scshappayya (P. W. 2) and her on Rama Rao (P. W. 3) aged 14 years. But, on his


















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