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2004 Supreme(Chh) 43

FAKHRUDDIN
P. Kavita Murthy – Appellant
Versus
P. Venkata Raman Murthy – Respondent


ORDER

Fakhruddin, J.

1. Heard.

2. The petitioner has filed this petition under Section 482 of Code of Criminal Procedure against the order dated 21-5-2003 passed by the learned 4th Additional Sessions Judge, Raipur arising out of the order passed by the Judicial Magistrate First Class, Raipur dated 12-2-2002 in Criminal Case No. 43/2001.

3. Briefly stated the facts are that the petitioner and the respondent were married on 3-11-1995 at Raipur. They lived together for some times, thereafter they are living separately since 3-12-1997. An application under Section 125 of the Cr.P.C. was filed by the applicant/wife on 1st June, 1998, which was decided on 24-12-1998. In the application the maintenance was claimed for Rs. 1500/- per month. This claim was contested by the respondent. The learned Magistrate considered the matter and came to the conclusion that the wife has no means and has been neglected, as such she was granted Rs. 500/- per month from the date of order as maintenance. Paras 17, 18 and 18 of the order are quoted below:--

4. The said order was challenged by husband in Revision under Section 399 read with Section 397 of Cr.P.C. bearing Criminal Revision No. 48/99, however, the s








































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