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2006 Supreme(Raj) 2100

SATYA PRAKASH PATHAK
Rajendra Dangi – Appellant
Versus
Shashi – Respondent


Advocates Appeared:
Mr. Ranjeet Joshi, for the Petitioner.
Mr. Om Mehta, for the Respondent.

Judgment

Satya Prakash Pathak, J.-The present revision petition filed under Sections 397 & 401, CrPC assails the order dated 17.02.2005 passed in Criminal Case No.38/98 by Family Court, Jodhpur, allowing the application filed by respondent Shashi Dangi under Section 125, CrPC and granting monthly maintenance at the rate of Rs. 600/-for herself , Rs. 600/-to son Pushpendra, Rs. 500/-to son Bhupendra and Rs. 500/-to daughter Pooja. The maintenance to children has been allowed till their becoming major.

2. Heard learned Counsel for the parties and perused the material available on record.

3. It is not in dispute that petitioner Rajendra Dangi and Respondent No.1 Smt. Shashi entered into wedlock and out of that respondents Puspendra, Bhupendra and Pooja were born. However, even after about 14 years of the marriage they could not remain unite and lived separately since year 1995. There are allegations and counter allegations from both sides. The wife alleges that there was demand of dowry and harassment and even an attempt to murder her whereas the husband says that the wife left the matrimonial home with children at her own accord and despite notice did not return.

4. Before the Family





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