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1993 Supreme(Cal) 497

A.K.DUTTA
MUSTARI BEGUM @ JHARNA – Appellant
Versus
ABDUL RAFIQUE @ MILON – Respondent


Advocates Appeared:
BIMAN KANTI BASU, GITI DASS, MADHU SUDHAN ROY, TAIMUR HOSSAIN

A. K. DUTTA, J.

( 1 ) THE instant Revisional Application by the petitioner-wife (hereinafter referred to as wife) is directed against the order dated June 15, 1992 passed by the learned Additional Sessions Judge, Suri, Birbhum, in Criminal Motion No. 4 of 1992 before him, praying the Court for setting aside the said order on the grounds set forth therein.

( 2 ) THE wife had filed an application under Section 125 of the Code of Criminal Procedure, 1973 (hereinafter shortened into Code) before the Second Court of the Judicial Magistrate at Suri Birbhum, in the early part of 1985, registered as Misc. Case No. 22 of 1985 T. R. No. 184 of 1985 against the opposite-party-husband (hereinafter referred to as husband claiming maintenance at the rate of Rs. 300/- only for herself and sum of Rs. 75/- only for her minor son per month on the grounds stated therein. The learned Magistrate after hearing the parties concerned had allowed the wife's said application in part by his judgment and order dated November 10, 1987 directing the husband to pay maintenance at the rate of Rs. 200/-only per month for the wife and a sum of Rs. 75/- only per month for the minor son. The wife had thereupon put







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