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1996 Supreme(Raj) 305

AMRESH KUMAR SINGH
Vijay Singh – Appellant
Versus
State of Rajasthan – Respondent


Advocates Appeared:
Kailash Trivedi, for Petitioner Chandra Lekha, Public Prosecutor, for State Suresh Kumbhat, for Non-petitioners

Honble SINGH, J. – Heard the learned counsel for the petitioner, the learned Public Prosecutor and the learned counsel for the non-petitioner No. 2-4.

(2). This petition under Section 482 of the Criminal Procedure Code has been filed against the order passed by the learned Session Judge, Pali in Criminal Revision Petition No. 3/94 Vijay Singh vs. Sugan Kanwar and Ors. on 1st December, 1994. By the aforesaid order the learned Sessions Judge, Pali rejected the revision petition No. 3/94 filed by Vijay Singh against the grant of interim maintenance allowance to his two minor children and partly allowed the revision petition No. 4/94 filed by Smt. Sugan Kanwar. The learned Sessions Judge gave a direction to the Magistrate that he would give a finding about the question whether the customary marriage by Nata is prevelant in the community of parties and whether the non-petitioner No.2 had been divorced from her husband according to the custom prevelant in the community.

(3). It appears that a petition under Section 125 of the Criminal Procedure Co- de was filed in the Court of the learned Magistrate for grant of maintenance under Section 125 of the Criminal Procedure Code. The learned Magi




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