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2014 Supreme(Chh) 408

INDER SINGH UBOWEJA
Fuleshwari Bai – Appellant
Versus
Shashikant – Respondent


Advocates:
Advocate Appeared:
For Appellant/Petitioner/Plaintiff:Janak Ram Verma, Advocate
For Respondents/Defendant:Santosh Sahu, Advocate

ORDER :

Inder Singh Uboweja, J.

1. By this petition under Section 482 of the Code of Criminal Procedure, 1973 (for short 'Code') the petitioners have challenged the legality and propriety of the order dated 18.07.2012 passed by the Second Additional Sessions Judge, Baloda Bazar in Criminal Revision No. 46/2011, whereby the Court below rejected the prayer for maintenance of Fuleshwari Bai. Case in brief is that, marriage of petitioner No. 1 Fuleshwari Bai and respondent was solemnized on 14.09.2003 and out of their wedlock petitioner Nos. 2 & 3 were born. Petitioner No. 1 led happy married life with respondent in her matrimonial house for a period of six months. Thereafter, she was subjected to cruelty and torture on the ground of insufficient dowry brought by her. Resultantly, petitioner No. 1 was compelled to leave the matrimonial house and disputes arose between the parties. Petitioner No. 1 filed an application for maintenance of herself and her two children before the Judicial Magistrate First Class, Baloda Bazar.

2. The learned Magistrate has passed an order dated 24.04.2010 granting maintenance of Rs. 500/- per month to each of the petitioners, which was challenged by the respon







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