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1992 Supreme(Cal) 153

GITESH RANJAN BHATTACHARJEE
SK. ABUBAKKAR – Appellant
Versus
OHIDUNNESSA BIBI – Respondent


Advocates Appeared:
ARUNAVA JANA, GAYATRI CHOUDHARY, HIMANSHU DE, S.A.M.HABIBULLAH

GITESH RANJAN BHATTACHARJEE, J.

( 1 ) THIS criminal revision has been filed under S. 482 and S. 401 of the Code of Criminal Procedure for quashing the execution case No. 7 of 1987 (arising out of Misc. Case No. 64 of 1982) pending in the Court of the learned Judicial Magistrate, 2nd Court, Arambagh in the district of Hooghly. The opposite party herein filed an application under S. 125, Cr. P. C. against the petitioner herein on 12/10/1982 claiming maintenance for herself and her child. The petitioner and the opposite party are both Muslim by religion and they were married in the year 1964. That marriage was however dissolved by a Talaknama executed on 10/11/1969. In the meantime however a child was born to them in April, 1969. The application for maintenance filed under S. 125, Cr. P. C. was allowed by the learned Magistrate on 30/09/1983 and the learned Magistrate granted maintenance at the rate of Rs. 100/- per month for the wife and Rs. 50/per month for the child with effect from lst September, 1983. The said maintenance order was put to execution by the divorced wife in the impugned execution case No. 7 of 1987 which was started on 9/03/1987. Distraint warrant was issued in tha












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