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1999 Supreme(Kar) 5

HARI NATH TILHARI
S. K. CHANDRIKA – Appellant
Versus
BYAMMA – Respondent


HARI NATH TILHARI, J.

( 1 ) THIS revision petition under Sec. 19 (4) of the Family Court Act (as amended by Act No. 59 of 1991) arises from the judgment and order dt. 15-4-1998 passed by Smt. Rathnakala, II Addi. Principal Judge, Bangalore, in Miscellaneous case No. 480/96 whereby the learned subordinate court has overruled the objections raised by the present revision petitioner to the maintainability of the application for maintenance under Sec. 125 of the Code of Criminal Procedure and has held that the petition under Sec. 125 was maintainable.

( 2 ) THE facts of the case in the nutshell are that the minor children of the revision petitioner filed the claim for maintenance under Sec. 125 of Code of Criminal Procedure against their mother who has been working as a woman police constable in Dlsoor Gate Mahila Police Station, Bangalore. A preliminary objection was raised on behalf of the present revision petitioner who was respondent before the Court below to the effect that the application for maintenance was not maintainable against the mother who is a female. The contention was to the same effect as has been raised here. The contention raised before the Court below was that Se





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