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1954 Supreme(Cal) 90

GUHA RAY
KUNTI BALA DASSI – Appellant
Versus
NABIN CHANDRA DAS – Respondent


Advocates Appeared:
BHOLANATH ROY, N.C.TALUKDAR, Narendra Nath Guha

GUHA, J.

( 1 ) THIS revisional application at the instance of one Kunti Bala Dasi who is the second wife of opposite party Nabin Chandra Das is directed against an order passed by a Magistrate on 13-10-1953 cancelling under Section 489 (2), Criminal P. C. the order of maintenance passed in her favour under Section 488 of the Code on 31-1-1953. It appears chat on 31-1-1953 after contested proceedings, maintenance at the rate of Rs. 30/- per month was allowed in favour of the present petitioner against her husband opposite party Nabin Chandra Das. On 13-8-1953, however, Nabin Das obtained against the present petitioner a decree for restitution of conjugal rights. It was a contested decree. No maintenance was paid by Nabin Chandra Das to the present petitioner in terms of the order passed in her favour on 31-1-1953. Thereafter, the petitioner initiated proceeding for execution of the decree and while showing cause in these proceedings the husband opposite party submitted that in view of the decree obtained by him against the present petitioner for restitution of conjugal rights, the order for maintenance passed on 31-1-1953 should be cancelled. The learned Magistrate accepted this co




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