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1982 Supreme(Gau) 134

T.C.DAS
Dharmibala Deka – Appellant
Versus
Mani Ram Deka – Respondent


Advocates Appeared:
G.N.Sahewalla, J.N.Sarma, K.K.Bhatra, R.C.Sanchethi, Y.K.Phukan

The petitioner Smti. Dharmibala Deka having lost in both the Courts below to get any redress in her petition under sec­tion 125 Cr. P. C., has come to this Court with this application with a faint hope that she along with her minor child may get some protection from this Court.

2. The case arises out of the petition filed by the petitioner in the Court of the learned Magistrate 1st Class (Judicial) at Gauhati under section 125 Cr. P. C. against the opposite party claiming a sum of Rs. 250/- in total for her maintenance as well as for her minor son on the allegation that the opposite party married her in the form of "Vaishnava marriage" as per their custom in the month of March, 1977 and out of their wedlock, a child was born and the petitioner along with the opposite party lived together as husband and wife. It was further alleged by the petitioner that about 3/4 months after t heir marriage while they lived together, she was turned out by the husband without any reason or cause whatsoever. She was not taken back and now she is residing with her child in the house of her father. Therefore, found no alternative, she claimed for maintenance from the opposite party. The petition was co









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