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2008 Supreme(Chh) 11

DHIRENDRA MISHRA
Biharilal Pradhan – Appellant
Versus
Kalyani – Respondent


Advocates Appeared:
Mr. Manoj Paranjpe, Advocate, for the Applicant.
Mr. Sunil Sahu, Advocate, for the Non-applicant.

ORDER

Dhirendra Mishra, J.

1. By this criminal revision the applicant has impugned the order dated 15-4-2002 passed in Criminal Case No. 34/02 whereby learned Judicial Magistrate 1st Class, Mahasamund has allowed the application preferred by the non-applicant under Section 127 of the Code of Criminal Procedure, 1973 (for short 'the Code') and directed the applicant to pay the maintenance @ Rs. 1,000/- per month to the non-applicant from the date of filing of the application.

2. Learned Counsel for the applicant submits that the non-applicant's application for maintenance was allowed and the High Court vide order dated 7-11-1984 passed in Criminal Revision No. 25/83 directed the applicant to pay maintenance @ Rs. 200/- per month. Her application under Section 127 of the Code was further allowed by the Judicial Magistrate, Mahasamund vide order dated 8-9-1997 passed in Criminal Case No. 106/90 and the applicant was directed to pay maintenance @ Rs. 400/- per month. Non-applicant further moved an application under Section 127 of the Code before the Judicial Magistrate on 20-9-2001 for enhancement of the maintenance amount and the same was also allowed by the impugned order and the amount











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