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1996 Supreme(Raj) 449

D.C.DALELA
SHAHIDA BEGUM – Appellant
Versus
ABDUL MAJID – Respondent


Advocates Appeared:
REVA CHAND

Judgment


D. C. DALELA, J.

( 1 ) THE petitioner and the respondent were wife and husband. The petitioner had moved the learned Magistrate under S. 125 Cr. P. C. against the respondent for award of maintenance for herself and children. On the basis of a compromise, the maintenance of Rs. 100/- per month was awarded by the A. C. J. M. No. 3 Jodhpur, to petitioner and Rs. 100/- each to their children. In compliance of the order, the respondent made certain payments. Thereafter, the payments were stopped. The petitioner then moved the Magistrate under S. 125 (3), Cr. P. C. for issue of the warrant for levying the amount due. In the proceeding under S. 125 (3), Cr. P. C. , the respondent pleaded that he had divorced the petitioner and has paid the maintenance up to the period of Iddat and he is now no more liable to make any payment. The learned A. C. J. M. No. 3 overruled the plea of the respondent. The matter was then carried in revision and the learned Revisional Court of Addl. Sessions Judge allowed the revision petition of the respondent and set aside the order dated 15-4-1988 of the learned Magistrate. Feeling aggrieved thereby, the petitioner had moved this petition under S. 482, C








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