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2011 Supreme(Raj) 2787

NISHA GUPTA
Zahur Beg – Appellant
Versus
Abida Begum – Respondent


Advocates:
For the Petitioner:Mohd. Anees, Advocate.
For the Party: Pradeep Shrimal, Public Prosecutor.
For the Respondents No. 1:Mukesh Saini, Advocate.

JUDGMENT

1. - This misc. petition has been filed under Section 482 Cr.P.C. for quashing the proceeding in the matter of Section 125 Cr.P.C. pending before the Family Court, No. 1, Jaipur whereby maintenance, which was fixed for Rs. 1,000/- was enhanced to the tune of Rs. 1,500/-.

2. The brief facts of the case are that the respondent No. 1 preferred an application for maintenance under Section 125 Cr.P.C. before the Family Court, No. 1, Jaipur, which was duly answered by the present petitioner but during the course of trial, both the parties entered into a compromise and on the strength of the compromise, it was ordered to pay interim maintenance to the tune of Rs. 400/- per month to the respondent No. 1 and Rs. 200/- per month to each of three minor children vide order dated 5.12.1998. Thereafter, the respondent No. 1 preferred an application under Section 127 Cr.P.C. for enhancement of maintenance and the learned Family Court, after considering the material on record, enhanced the maintenance to Rs. 1,500/- per month. Hence, this petition.

3. Heard learned counsel for the petitioner, learned Public Prosecutor and the learned counsel for the respondent No. 1.

4. The first contention










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