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1989 Supreme(Pat) 30

S.C.MOOKHERJI
Bhagya Narain Singh – Appellant
Versus
Maya Devi – Respondent


Judgment

S.C.Mookherji, J.

1. These two criminal revisions arising out of the judgment and the order dated 28-7-1987 passed by Sri Prem Dutt Prasad, Judicial Magistrate 1st Class Sikahana at Motihari in Cr. Misc No. 6 of 1980 (Trial No 1768 of 1987) whereby, a sum of Rs. 100 per month has been granted by way of maintenance of Maya Devi the petitioner of Cr. Rev. No. 806 of 1987, wife of the petitioner of Cr. Rev. No. 694 of 1987, Bhagya Narain Singh have been heard together and are being disposed of by this judgment.

2. This is a dispute between a husband and wife. In Cr. Rev. No. 806 of 1987 the wife-petitioner has prayed for enhancement of the maintenance allowance and in order Cr. Rev. No. 694 of 1987 the husband has challenged the competency of the Magistrate to pass an order of maintenance.

3. The background of the case, in short, is that earlier Maya Devi had filed a civil suit for grant of maintenance on the ground that she was being neglected by her husband after taking a second wife against her consent and a decree was passed in her favour granting maintenance in the manner that she would receive six maunds of rice, four maunds of wheat, two maunds of pulse, one maunds of g














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