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1981 Supreme(Ker) 95

U.L.BHAT, KADER
A. S. N. NAIR – Appellant
Versus
SULOCHANA – Respondent


Judgment :-

1. The revision petitioner was directed by the thief Judicial Magistrate, Trichur in M. C. No. 18 of 1978 filed under S.125 of the Code of Criminal Procedure (for short the Code) to pay monthly maintenance of Rs 80 per month to his wife, the respondent herein. This order is challenged now. The revision petition came up for consideration before one of us (Bhat, J.) and the matter was referred to a Division Bench as there appeared to be an apparent conflict between the decisions of two learned single Judges of this Court on one of the points involved in this case.

2. The revision petitioner (C. pw. 1) married the respondent herein (Pw. 1) on 13-6-1971 in accordance with the customs of their community. Two children were born in the wed-lock M. C 11 of 1976 filed by the wife before the Chief Judicial Magistrate, Trichur claiming maintenance from C. pw. I under S.125 of the Code, was allowed. In Crl R P. No 35 of 1976 before the Sessions Judge, Trichur an offer made by the husband was considered and he was directed to reserve tickets within a period fixed by the court for the wife and children to go to Bangalore where he is employed. The reservation was not made and the Crl.
































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