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2004 Supreme(Raj) 1470

N.N.MATHUR
Sahida Bano (Smt. ) – Appellant
Versus
Mohd. Rafiq – Respondent


Advocates:
For the Petitioner No. 1:Mr. S.D. Vyas, Advocate.
For the Respondent No. 1:Mr. Hemant Shreemali, Advocate and Mr. D.D. Kalla, Public Prosecutor.

JUDGMENT

1. - By way of instant revision petition filed under section 397 r/w Section 401 Criminal Procedure Code petitioner-Smt. Sahida Bano along with her two minor daughters Monisha and Nisha has challenged the order dated 17.10.2002 passed by the learned Additional Sessions Judge No. 1, Bikaner modifying the order dated 20.11.2001 passed by the learned ACJM No. 1, Bikaner restricting the interim maintenance awarded under section 125 Criminal Procedure Code upto the date of filing of reply i.e. 22.1.2001.

2. Briefly stated the facts of the case are that the petitioners herein filed an application under section 125 Criminal Procedure Code in the Court of ACJM No. 1, Bikaner on 4.9.2000 on the ground that respondent-husband Mohd. Rafiq inspite of having sufficient means refused to maintain her. It is averred that Mst. Sahida married to Rafiq in March, 1998. Out of their wedlock, she gave birth to two female babies viz; Monisha and Nisha. She was turned out along with her two children from the house on 6.6.2000. The respondent-husband filed the reply on 22.1.2001 wherein he admitted the factum of marriage on 27.3.1998 but pleaded that the same was dissolved by divorce. It is averred





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