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1987 Supreme(Del) 480

D.P.WADHWA
SUHIRD KAMRA – Appellant
Versus
NEETA – Respondent


Advocates Appeared:
Raman Sawhney, Sethi, Vikramjit Sen

D. P. Wadhwa, J.

( 1 ) THE petitioner husband has filed this petition-seeking to quash the proceedings against him filed under Section 125 of the Code of Criminal Procedure (for short the Code) by his wife and his daughter the respondents herein. The circumstances leading to the filing of the present petition are that the first respondent and the second respondent through the first respondent filed a petition under Section 125 of the Code- against the petitioner in the court of metropolitan magistrate on the ground that the petitioner though having sufficient means had neglected to maintain the respondents being his wife and the daughter, they being unable to maintain themselves. This petition under Section 125 of the Code was dismissed in default of non-appearance of the first respondent on 3-7-86. The first respondent applied for restoration of this petition on the ground that she was under the bona fide belief that the date ol hearing was 30-7-86 which was. also the date noted in the diary of her counsel. It could not be questioned that there was sufficient cause for non-appearance of the first respondent on 3-7-86. The application of the first respondent for restoration of her






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