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1987 Supreme(Raj) 276

M.C.JAIN
HARIKISHAN – Appellant
Versus
SHANTIDEVI – Respondent


Advocates Appeared:
P.C.Tatia, P.N.MOHNANI

Judgment


M. C. JAIN, J.

( 1 ) THIS is an application u/s. 482, Cr. P. C. against the order of the Sessions Judge dated 31st July, 1981 passed in criminal revision No. 134/80 whereby the learned Sessions Judge dismissed the applicants revision petition in proceedings relating to maintenance.

( 2 ) THE facts may briefly be stated as under leading to the present application :-

( 3 ) THE respondent Smt. Shantidevi submitted an application u/s. 125, Cr. P. C. for maintenance for herself and for her minor daughter Ashakumari. The present applicant did not appear in that application despite service of notice and final ex parte order was passed on 19-6-79 granting maintenance to Shanti Devi and Asha Kumari. Thereafter an application was submitted on 30th November, 1979 by the applicant for cancellation of the order dated 19-6-79 mentioning it to be u/s. 125, Sub-Secs. (4) and (5), Cr. P. C. It was stated in that application that the applicant had filed proceedings for judicial separation and a decree for judicial separation was passed on 13-4-72. It was found in that petition that the parties after marriage never cohabited and the child Asha Kumari is not the child from the applicant. Ther












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