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2014 Supreme(Chh) 434

SANJAY K.AGARWAL
Shiv Kumar Netam – Appellant
Versus
Meena Devi Netam – Respondent


ORDER

1. The applicant/husband questions the order of Family Court dated 05.10.2006 passed in Misc. Suit No. 650 of 2005 granting maintenance under Section 125(1) of the Code of Criminal Procedure (for short the Code) to non-applicant No. l wife, by filing criminal revision under Section 19(4) of the Family Court Act, 1984.

2. The core facts necessary in order to understand the dispute and for eventual adjudication are as under:-

2.1 Non-applicant No. l Meena Devi Netam along with her daughter (Non-applicant No. 2) filed an application under Section 125 of the Code pleading inter alia that she is the legally wedded wife of applicant and the non-applicant No. 2 is her daughter. It was further pleaded that the non-applicant No. l wife is suffering from heart ailment and undergoing treatment at Dhamtari and she has been forced to live separately on account of ill treatment extended by the applicant and, as such, they are unable to maintain themselves and she has further pleaded that though the applicant has sufficient means to maintain them, even then he neglected them to maintain.

2.2 Resisting the claim of non-applicants, applicant/husband filed his counter admitting their marriage


























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