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1997 Supreme(Cal) 481

ASISH BARAN MUKHERJEE
RAMPADA BISWAS – Appellant
Versus
DOLLY MITRA – Respondent


Advocates Appeared:
ARUP CHATTERJEE, D.K.SEN GUPTA, DILIP KUMAR DUTTA

ASHIS BARAN MUKHERJEE, J.

( 1 ) THE petitioner being the husband of opposite party No. 1 has preferred this revisional application read with Section 482 of the Criminal Procedure Code praying for setting aside the order dated 24th of August, 1994 passed by the Chief Judicial Magistrate, Murshidabad in Misc. Case No. 80 (iv) of 1988 whereby there was an award of Rs. 750/ - per month by way of maintenance on an application preferred under Section 125, Criminal Procedure Code and the order was given effect to from the date of presentation of the application under Section 125, Criminal Procedure Code namely 20th March, 1987.

( 2 ) THE short history which has given rise to the application under Section 125, Criminal Procedure Code is as follows: The marriage between the parties took place on 27th of February, 1985. On 15th February, 1986, the present petitioner challenged the validity of marriage by resorting to a matrimonial suit with a prayer for annulling the marriage under Section 12 (1) (c) of the Hindu Marriage Act. In March, 1986, the matrimonial suit was transferred to the Court of District Judge at Murshidabad on an application by the petitioner who apprehended physical viole










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