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1993 Supreme(Cal) 266

G.R.Bhattacharjee
Amullya Ratan Laha – Appellant
Versus
Bhakti Puspa Laha – Respondent


Advocates Appeared:
Amit Talukdar, Anami Sikdar,

JUDGMENT

1. THIS criminal revision is directed against the judgment and order dated the 31st July, 1992 passed by the learned Additional Sessions judge, 2nd Court, Midnapore in criminal Motion No. 127/89. By his impugned order the learned Additional sessions Judge set aside the order dated 16th May, 1989 passed in M. R. Case No. 36/87 by the learned Chief Judicial Magistrate. By the said order the learned Chief Judicial Magistrate rejected the application of the wife under Section 125 Criminal Procedure Code for maintenance. The learned additional Sessions Judge however by his impugned order granted maintenance to the wife at the rate of Rs. 400/- per month from the date of filing of the application under Section 125 Cr. P. C. Earlier the wife in a civil suit, viz. O. S. 29/55 of the 2nd Court of Subordinate Judge, Midnapore obtained an order of maintenance at the rate of Rs. 80/- per month for herself against the husband. Subsequently the husband filed a Suit being T. S. No. 23/80 of the 1st Court of Subordinate Judge, Midnapore and obtained an ex parte decree against the wife. By that decree the husband obtained a declaration that the decree for maintenance passed against him in O


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