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1996 Supreme(Raj) 861

N.L.TIBREWAL
Sudhir Kumar – Appellant
Versus
State Of Rajasthan – Respondent


Advocates:
For the Petitioner:Mr. Vinod Kumar Gupta, Advocate.
For the Respondent:Mr. R.S. Agrawal, Advocate.

JUDGMENT

1. - The petitioner has filed this petition under Section 482, Criminal Procedure Code with a prayer to quash the pending proceedings under Section 125, Code of Criminal Procedure in the Court of Munsiff and Judicial Magistrate Baman was. The necessary facts leading to the present petition may be narrated, in brief, as under:-

The wife non-petitioner filed petition under Section 125, Criminal Procedure Code in the Court of Munsiff and Judicial Magistrate, Bamanwas on June 5, 1992. Vide order dated January 13, 1993, the learned Magistrate granted interim maintenance at the rate of Rs. 350/- per month from September 16, 1992. During pendency of the above petition, the parties filed a petitioner in the Court of District Judge, Alwar seeking dissolution of the marriage by mutual consent under Section 13B of the Hindu Marriage Act, 1955. This petition was moved on 14.10.1993 and it was duly verified by the Court. On the basis of mutual agreement a decree of divorce was granted by the learned District Judge under Section 13B of the Hindu Marriage Act. The petitioner also paid Rs. 55,000/- to non-petitioner wife as gross sum for her permanent alimony and maintenance and this fact












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