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2001 Supreme(Chh) 103

R.S.GARG
MOHD. AYUB KHAN – Appellant
Versus
SAIRA BEGUM – Respondent


JUDGMENT

As per Hon'ble Shri R.S. Garg, J.

1. The appellant being aggrieved by order dated 5-11-1999 passed in MJ.C. No. 37 of 1998 by the learned Second Additional District Judge, Bilaspur rejecting the appellant's application filed under Section 9 read with Section 25 of the Guardian and Wards Act has preferred this appeal under Section 47 of the Guardian and Wards Act.

2. The brief facts leading to the present appeal are, that the present appellant Mohd. Ayub Khan was married with respondent Saira Begum on 17 -5-1990. During the subsistence of the marriage the parties were blessed with Adil Khan, Akib Khan and Mohd. Ali Khan. On 5-10-1996 the present appellant for the reasons best know to him divorced the respondent. While leaving the matrimonial house the wife left with tier three children and started staying with her father. Finding that life was difficult and it was not possible for her to maintain the children she made an application under Section 125 the Code of Criminal Procedure somewhere in the year 1997. Along with the application she also made an application for grant of interim maintenance.

The main petition and the application for grant of interim maintenance were oppose
















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