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2001 Supreme(Cal) 739

NARAYAN CHANDRA SIL
MAKIUR RAHAMAN KHA – Appellant
Versus
MAHILA BIBI – Respondent


Advocates Appeared:
H.DEY, I.HUSSAIN, R.PAL, S.CHATTERJEE

N. C. SIL, J.

( 1 ) THE present revisional application was directed against the order dated 24. 01. 2001 passed by Sri M. S. Dwivedy, learned Sub-divisional Judicial Magistrate, Uluberia, Howrah in connection with Misc. Case No. 85 of 1998 under section 125 of the Code of Criminal Procedure.

( 2 ) IN the said application the maintenance under section 125 of the Code of Criminal Procedure was claimed by the mother, who was divorced by her husband, from her two sons. The learned Sub-divisional Judicial Magistrate after having considered the materials placed before him was pleased to allow the application for maintenance under section 125 of the Code of Criminal Procedure and directed the O. P. sons to pay a sum of Rs. 250/- each per month from the date of filing of the petition.

( 3 ) IT is stated in the revisional application that the respondent mother had filed application under section 125 of the Code of Criminal Procedure being Misc. Case No. 155 of 1986 claiming maintenance from her husband and her husband took the plea in that case that he had since divorced his wife and she was thus determined to be a divorced Muslim woman. It is also stated in the revisional application as








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