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1980 Supreme(Cal) 44

JYOTIRMOYEE NAG
S. A. KAISER – Appellant
Versus
NOOR SAHAN – Respondent


JUDGEMENT

This Rule is directed against an order of maintenance passed by the learned Magistrate under Section 125 of the Code of Criminal Procedure awarding a sum of Rs. 500/- to the petitioner's wife per month and Rs. 250/- for each of the two children per month, as maintenance,

2. The case of the opp. party wife is that she was a refugee from Sind and she became acquainted with the petitioner at Baroda from where she came away with him to Calcutta and as he was a Muslim, she agreed to be converted to Islamism and she married him, thereafter according to Muslim rites and customs. Thereafter, she lived with him for long 21 years and bore him three daughters, and a son who died. The daughters were born in 1963, 1965 and 1967 respectively. The opposite party wife's case further is that the petitioner is very well to do man having a Cinema house and several race horses and a five storied building which fetches him very handsome amount, as rent. Further being a business man he has a really good income. That while the opp. party lived with the petitioner as husband and wife, he used to pay her for family expenditure a sum of Rs. 1,500/- per month, but since 1975 the petitioner has ceased







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