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1987 Supreme(Cal) 348

M.G.Mukherji
Dolna Khatoon – Appellant
Versus
Jamaluddin Ahmed – Respondent


Advocates:
Advocate Appeared:
Amitabha Ganguly, Dipak Sengupta, Kanika Gupta, Qudrat E Kabir

JUDGMENT

1. THE wife petitioner impugns before me an order passed by Shri B. N. Biswas, Sub-Divisional Judicial magistrate, Jangipur in Execution case No. 5 of 1987 arising out of a proceeding under sections 125/128 of the Code of Criminal Procedure.

2. THE petitioner initially filed a proceeding for maintenance of herself and of her minor daughter against the husband opposite party no. 1 before the learned Sub-divisional Judicial Magistrate, Jangipur in. Case No. M. R. 558 of 1983 under Section 125 Cr. P. C. The Learned Magistrate granted maintenance to the wife at the rate of Rs. 80 per month for herself and at the rate of Rs. 60 per month for her minor daughter. The husband opposite party no. 1 moved against this order before this Hon'ble Court Crl. Rev. No. 1760 of 1984. The wife also moved in revision against inadequacy of quantum of maintenance in this Court in Crl. Rev. 1555 of 1984. Both these cases, were disposed of by S. Ahmed, J. on 10. 2. 86 whereby his Lordship dismissed the revisional application as filed by the husband opposite party no. 1 and allowed the revisional application as filed by the wife petitioner and increased the quantum of maintenance to Rs. 300/- per m





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