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1986 Supreme(Raj) 58

K.S.LODHA
Jagdish Chandra – Appellant
Versus
Hemlata – Respondent


Advocates Appeared:
S.L. Mardia, for Petitioner; S.R. Singhi & Suresh Kumbhat, for Non-petitioners.

K.S. LODHA, J.—This revision has been filed by Shri Jagdish Chandra against the order dated 4.8.84 passed by the learned Chief Judl. Magistrate, Sirohi rejecting his objections to the notice issued to him u/s 125 (3) Cr.P.C. for the enforcement of the maintenance awarded to the non-petitioner for a period from 5.4.83 to 5.9 83.

2. Two separate applications were filed by Smt. Hemlata for the recovery of the maintenance awarded to her u/s l25(l)Cr.P.C. The first was for the period 5.4.83 to 5.5.83 and the second for the period 6.5.83 to 5.9.83. Notices of these applications were issued to the present petitioner to file his replies to both of them. The replies were identical and raised three grounds about sufficient cause for not complying with the order u/s 125(1) Cr.P.C. The first ground was that the present petitioner was ready and willing to maintain Smt. Hemlata if she came and stayed with him, (ii) that the parties were living separate by mutual consent; and (iii) that the non-petitioner Smt. Hemlata was getting a salary of Rs. 600/- p.m. as she was serving as a teacher. The non-petitioner Smt. Hemlata denied all these grounds.

3. The learned Magistrate after hearing the parties h







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