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2005 Supreme(Raj) 1027

S.P.PATHAK
Kailash – Appellant
Versus
Prabhu Lal – Respondent


Advocates Appeared:
Mr. S.K. Jain, for the Petitioner.
Mr. Arun Sharma, Public Prosecutor.
None present, for the Non-petitioner.

Judgment

S.P. Pathak, J.-This revision petition under Section 397 read with Section 401 of the CrPC has been filed against the Judgment & Order dated 21.02.1995 passed by the learned Additional District Judge, Bundi in Criminal Revision No. 12/94 titled Prabhulal vs. Kailash where by the order dated 22.01.1994 passed by the learned Munsiff & Judicial Magistrate, Ist Class, Lakheri in Case No. 308/92 (209/90) was partly set aside and modified to the extent that the order of maintenance in relation to the daughter is maintained and the order in relation to the maintenance of petitioner scands set aside.

2. Briefly, the relevant facts of the case are that an application under Section 125 of the CrPC was made by the petitioner against non-petitioner/respondent in the Court of learned Munsiff & Judicial Magistrate, Ist Class, Lakheri on 11.06.1990 with the averments that her marriage in accordance with the Hindu Customs took place with the non-petitioner prior 7 years of filing the application. She thereafter started living with the non-petitioner as his wife and she gave birth to a daughter namely Shakuntla. For some time the relations were cordial between them, but after some time the














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