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2000 Supreme(Pat) 114

NARAYAN ROY, ASHOK KUMAR VERMA
Abdul Mannan – Appellant
Versus
Saira Khatoon – Respondent


Judgment

N.Rai and Ashok Kumar Verma JJ.

1. The petitioner-husband has filed the present application against the order dated 9-8-1995, passed by the Judicial Magistrate. 1st Class, Muzaffarpur. in Trial No. 4263 of 1995, by which he has allowed the application filed by wife-Opposite Party No. 1 Saira Khatoon and ordered for payment of maintenance of Rs. 400.00 per month for her and Rs. 200.00 each for two children, namely. Mohina Khatoon (Opposite Party No. 2) and Noor Alam (Opposite Party No. 3).

2. The Opposite Party No. 1 filed a petition stating therein that the petitioner was earlier married with the daughter of one Md. Wasi of Village Katai. Later on, he married with Opposite Party No. Ion 18-12-1975 and Rs. 3,000.00 was fixed as the dower debt. After marriage three children were born out of their wedlock out of whom one is also married. They were Jiving peacefully for some time and, thereafter the husband-petitioner started misbehaving with her and stopped giving food to her and her children and in the month of January 1991, the husband-petitioner forcibly drove her out of his house and since then she is living with her parents along with her children. She is unable to mainta


















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