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1978 Supreme(Del) 146

R.N.AGGARWAL
SHASHL KUMAR NAYAK – Appellant
Versus
RAJ LAXMI – Respondent


Advocates Appeared:
N.B.SINHA, R.K.JAIN, R.K.Nayak

R. N. Aggarwal, J.

( 1 ) THIS petition by Shri Shashi Knmar Nayak has arisen in the following Circumstances. On 20th December, 1976, the res- respondent herein, Smt. Raj Laxmi, filed an application against her husband Shri Shashi Kumar Nayak under section 125 of the Code of Criminal Procedure for maintenance. An order was made by the Magistrate for issuing summons to the husband both in the ordinary way and by registered post. The notices were not received back. On 8th February, 1977, Shri A. K. Srivastava wrote in the order that for some personal reason he did not wish to try the petition and he forwarded the papers to the Sessions Judge for transfer of the case to some other court. The case was transferred to the Court of Shri J. P. Sharma, Metropolitan Magistrate. On 1st April, 1977, the court passed an order for issuing summons to the husband both in the ordinary course as well as by registered acknowledgment due post for 7th May, 1977. Summonses were issued to the husband both in the ordinary course and by registered acknowledgment due post. The summons sent by registered post was received by Shri S. S. Rajput, Officer-in-charge, Watch, Sugar, on 7th April, 1977. The summons s






















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