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2021 Supreme(Chh) 169

RAJENDRA CHANDRA SINGH SAMANT
Maya Kashyap W/o Jamuna Prasad Kashyap – Appellant
Versus
Jamuna Prasad Kashyap S/o Shri Lalita Prasad Kashyap – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Mr. Ranbir Singh Marhas, Advocate.
For the Respondent:Mr. Ritesh Verma, Advocate.

ORDER :

1. Both these Criminal Revisions arise out of the same order dated 26.03.2018, passed in M.J.C. No.25 of 2018, dismissing the application under Section 127 Cr.P.C. filed by the applicant and in M.J.C. No.24/2018.

2. The applicant and the respondent were married to each other, who are now divorced. The applicant had earlier filed an application under Section 125 Cr.P.C., which was registered as M.J.C. No.71 of 2010, in which vide order dated 02.05.2010, the order was passed by the Family Court granting maintenance of Rs.3,500/- to the applicant to be paid by the respondent every month. At the subsequent stage, the applicant- Maya Kashyap filed an application under Section 127 of Cr.P.C. which is M.J.C. No.25 of 2018 praying for enhancement in the amount of maintenance granted and respondent filed an application under Section 125(4) of Cr.P.C. that applicant is now living in adultery and further, she herself is earning livelihood and capable to maintain herself, therefore, the applicant has lost entitlement for grant of maintenance. Both these applications have been decided by the impugned order in which the prayer of the respondent under Section 125(4) of Cr.P.C. was allowed a

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