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1993 Supreme(Cal) 494

A.K.DUTTA
MOTIAR RAHAMAN – Appellant
Versus
SABINA KHATUN – Respondent


Advocates Appeared:
A.RAHAMAN, M.A.AMIN

A. K. DUTTA, J.

( 1 ) BY the instant Revisional Application under Section 401, read with Section 482 of the Code of Criminal Procedure, 1973 (hereinafter referred to as the Code), the petitioner-husband (hereinafter referred to as husband) has prayed the Court for setting aside/quashing the orders dated 4. 9. 92 and 15. 1. 93 passed by the Judicial Magistrate, 7th Court at Alipore, in M. Case No. 81 of 1989 before him on the grounds set forth therein. The opposite-party No. 1 wife (hereinafter referred to as wife) had filed an application before the learned Magistrate for maintenance against the husband under Section 125 of the Code in 1989, registered as M. Case No. 81 of 1989, contending, inter-alia, that the parties were married according to Muslim Rights and Customs on 13. 4. 1985, and the husband had been refusing and neglecting to maintain her, she being unable to maintain herself. The learned Magistrate, upon hearing the parties, had allowed the wife's application for maintenance by order dated 15. 9. 90 directing the husband to pay the sum of Rs. 200/- only per month to her by way of maintenance. The husband contends that after the said order he had tried to bring her back













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