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1992 Supreme(Gau) 161

U.L.BHAT
Mustt K. Nessa – Appellant
Versus
H. Ali – Respondent


Advocates Appeared:
CC Deka, S.Medhi, N.C.Phukan, M.A.Ahmed, K.Basar

Revision petitioner is the wife of the respondent. She filed a petition under section 125 CrPC claiming maintenance for herself and her two minor daughters alleging that she was married 16 years previously and was beaten and thrown out by her husband. He has 50 bighas of land and two ponds: of fish and has taken a second wife. The claim was resisted by the husband.Learned Magistrate awarded maintenance to each off the children Rs30/- PM from the date of the order, but denied maintenance to the wife on the ground that she was not able to prove that she was unable to maintain herself. Revision filed by her having, been dismissed, she has moved this Court under section 482 of the CrPC.

2. Article 39 of the Constitution states, inrer-alia that the State shall in particular direct its policy towards securing that the citizens, men and women equally, have the right to adequate, means to livelihood, the children are given opportunity and facilities, to, develop in a healthy manner and in .condition of freedom.and dignity and that childhood and youth are protected against exploitation and -against moral abandonment. Even without this constitutional right, section 488, Code o




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