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1992 Supreme(Cal) 169

Gitesh Ranjan Bhattacharjee
Sk. Abubakkar – Appellant
Versus
Ohidunnessa Bibi – Respondent


Advocates Appeared:
Himangshu Kumar Dey, Arunava Jana for the petitioner;
S. A. M. Habibullah, Gayatri Choudhury for the opposite party.

ORDER

This Criminal Revision has been filed under s. 482 and s. 401 of the Code of Criminal Procedure for quashing the execution Case No. 7 of 1987 (arising out of Misc. Case no. 64 of 1982) pending in the Court of the Learned Judicial Magistrate, 2nd Court, Arambag in the district of Hoogly. The opposite party herein filed an application under s. 125 Cr. P. C. against the petitioner herein on 12th October, 1982 claiming maintenance for herself and her child. The petitioner and the opposite party are both muslim by religion and they were married in the year 1964. That marriage was however dissolved by a Talaknama executed on 10th November, 1969. In the meantime, however a child was born to them in April 1969. The application for maintenance filed under s. 125 Cr. P. C. was allowed by the Learned Magistrate on 30th September 1983 and the Learned Magistrate granted maintenance at the rate of Rs. 100/- per month for the wife and Rs. 50/- per month for the child with effect from 1st September, 1983. The said maintenance order was put to execution by the divorced wife in the impugned execution Case no. 7 of 1987 which was started on 9th March, 1987. Distrain warrant was issued in that ex





















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