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2008 Supreme(Raj) 2581

G.S.SARRAF
Satish – Appellant
Versus
Smt. Yoglata – Respondent


For the Appellant:Puran Chander Sen, Advocate.
For the Respondents:Satish Khandelwal and D.D. Khandelwal, Advocates.

JUDGMENT

1. - The brief and relevant facts of the present case are that the respondents nos. 1 and 2 filed an application under Section 125 Criminal Procedure Code against the petitioner wherein Judicial Magistrate, First Class, Kaman, district Bharatpur by order dated 6.5.2004 awarded interim maintenance to the respondent no.1 @ Rs. 500/- per month and to the respondent no.2 @ Rs. 300/- per month. Thereafter, on an application no.59/2002 filed by the petitioner under Section 9 of the Hindu Marriage Act Additional District Judge, Laxamangarh, district Alwar by judgment dated 8.3.2006 passed a decree of restitution of conjugal rights in favour of the petitioner. The petitioner then submitted an application under Section 125(4),(5) read with Section 127 (2) Cr.P.C. before learned Judicial Magistrate, First Class, Kaman enclosing therewith a certified copy of the decision dated 8.3.2006 passed by Additional District Judge, Laxmanarh, district Alwar under Section 9 of the Hindu Marriage Act praying for cancellation of the order of interim maintenance. Learned Judicial Magistrate, Kaman dismissed the application vide order dated 2.4.2008. The petitioner filed a revision which was also d










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