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1981 Supreme(Raj) 303

S.N.DEEDWANIA
Trilok Chand – Appellant
Versus
Magnadevi and State – Respondent


Advocates:
For the Petitioner:Mr. M.C. Bhoot, Advocate.
For the Non-Petitioner:Mr. M.S. Gehlot, Advocate.

JUDGMENT

1. - This criminal misc. petition under section 482 Criminal Procedure Code is against the order dated 9-5-1980 of Additional Sessions Judge, Sirohi, whereby criminal revision filed by the petitioner was dismissed.

2. Briefly stated the relevant facts are these. Non-petitioner Magnadevi filed a petition under section 125 Criminal Procedure Code in the court of Munsif and Judicial Magistrate, Sirohi with the allegation that she was not married to Trilok Chand according to the custom prevalent in the community in year 1972. After a year Trilok Chand left her and, therefore, she filed a petition for maintenance. The parties filed a compromise and, therefore, it was dismissed. In the compromise petition, Trilok Chand has unequivocally admitted that Magnadevi was his wife. Trilok Chand again neglected and refused to maintain Magnadevi. It is further alleged that Trilok Chand is a class IV Railway employee drawing a salary of Rs. 250 p.m. Magnadevi has no source of livelihood. She claimed Rs. 100 p.m. for maintenance. The learned trial as well as the revisional court came to conclusion that Magnadevi was the married wife of Trilok Chand and that she should be paid maintenance at













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