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1997 Supreme(Pat) 507

P.K.DEB
Sheik Alimuddin – Appellant
Versus
Tajmunnisa – Respondent


Judgment

P.K.Deb, J.

1. This petition has been filed under Sec. 482, Criminal Procedure Code by the husband-petitioner against the wife-opposite party for quashing of the order dated 21.9.1994, as contained in Annexure-1 passed by Shri Ram Kishore Singh, the then Sessions Judge, Singhbhum (East), Jamshedpur in Criminal Revision No. 17/94 arising out of an order dated 7.12.1993 contained in Annexure-2 passed by the then Sub-Divisional Judicial Magistrate, Ghatshila in Misc. Case No. 2/86 under Sec. 125 of the Criminal Procedure Code.

2. The opposite party No. 1-wife had filed an application under Sec. 125, Criminal Procedure Code for grant of monthly maintenance to her and to her children before the Sub-Divisional Judicial Magistrate at Jamshedpur in Misc. Case No. 2/86. Her case was that she was legally married to the petitioner and after marriage they started to reside together as husband and wife. The opposite party has got his own Biscuit Bakery shop at Ghatshila and earns Rs. 5,000.00 per month and that he has also got a rice shop at Sakchi (Jamshedpur) having monthly earning of Rs. 7,000.00 . After the marriage both the spouses were leading a happy conjugal life and four female




















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