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2006 Supreme(Gau) 30

A.B.PAL
Biswanath Sarkar – Appellant
Versus
Swapna Dey – Respondent


Advocates appeared:
For Appellant/Petitioner/Plaintiff: R. Datta, Adv.
For Respondents/Defendant: Somik Deb, Adv.

ORDER

A.B. Pal, J.

1. I have heard Mr. R. Datta, learned Counsel for the petitioner and Mr. Somik Deb, learned Counsel for the respondent.

2. The judgment dated 5-10-2005 passed by learned Sessions Judge, South Tripura, Udaipur in Criminal Revision No. 28(4)/2004 stands impugned in the present revision petition.

3. By the said judgment of the learned Sessions Judge the order dated 24-8-2004 passed by learned Sub-Divisional Judicial Magistrate (for short SDJM), Sabroom, South Tripura in C.R. Misc. 7 of 2003 whereby his own order dated 17-7-2001 granting interim maintenance of Rs. 1500/- in a proceeding under Section 125 of the Criminal Procedure Code (for short 'Code') for the respondent-wife herein and her child was cancelled, has been set aside reviving thus the original interim order dated 17-7-2001 of the learned SDJM.

4. The material facts giving rise to the present controversy originates from a petition filed by the respondent-wife under Section 125 of the Code before the Court of SDJM which was registered as C.R. Misc. No. 6(A)/2001. In the said petition she claimed that she was married to the petitioner herein on 21-11-1997 as per Hindu rites and customs in the house of her fathe






































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