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2002 Supreme(Pat) 366

S.N.PATHAK
Rajesh Kochar – Appellant
Versus
Reeta Kumari – Respondent


Judgment

1. This revision is directed against the order dated 19-5-2001 passed in Misc. Case No. 16/97/426A/2001 under S. 125, Cr. P.C.

2. By the aforesaid order, the Judicial Magistrate, 1st Class, granted maintenance allowance of Rs. 500.00 to the opposite party, Reeta Kumari, of this revision. The husband of Reeta Kumari is the revisionist before this Court. The concise facts which are relevant of this revision are that earlier there was a matrimonial suit between the parties (Suit No. 220/96) before the Family Court, Lucknow, which, by its order dated 28-3-87 dissolved the marriage of the parties under S.13-B of the Hindu Marriage Act (Annexure-1). At page 16, copy of the joint petition filed by the parties before the aforesaid Family Court has been tagged, which shows that the opposite party Reeta Kumari had agreed that she will not claim any maintenance allowance from her divorced husband. On the basis of this agreement it was submitted by the revisionists lawyer, that Reeta Kumari was no longer entitled to claim any maintenance from him. Moreover, the judgment of the Family Court was the judgment of the Civil Court and, therefore, it must prevail upon the Magistrate in seisin




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